ACCIDENT SEQUEL

Otago Daily Times, Issue 22718, 2 November 1935, Page 23

ACCIDENT SEQUEL

INTOXICATED MOTORISTS INTERESTING POINT RAISED Whether the owner of a motor car who considers himself too much under the influence of liquor to drive and gives the wheel to a companion, who is also intoxicated, and rides in his own car as a passenger is guilty of being intoxicated in charge was a point which Mr H. W. Bundle, S.M., was asked to decide in the Police Court yesterday, when Gustave Neilson and Jack Williamson Brockie were charged with being intoxicated in charge of a car involved in an accident in lower Princes street about midnight on October 25. Brockie pleaded guilty and Neilson pleaded not guilty, the magistrate reserving his decision in the case against Neilson till Monday.

Mr J. C. Robertson, who appeared for Neilson, said it was admitted that his client was very drunk, but he was not driving the car. . Senior Sergeant Packer said the case involved an extremely interesting point, and he submitted that even if Neilson did transfer the control of the car to Brockie, he, as the owner, was still in charge of it. g Colin M'Donald, a taxi driver, said in evidence that at about midnight on October 25 he was about to back his cab into the depot in lower Princes street when it was hit by another car on the right-hand front mudguard. Witness pulled on his hand brake and slipped out by the left front door. By this time the car which had struck him had backed off and was proceeding in a northerly direction. Witness did not see the driver of the car, but he managed to note the rear number. The front left-hand window of the car was open about three inches, and witness had a glimpse of the passenger in the front seat. He could identify the passenger as Neilson.

Constable A. W. M'Dougall said that Brockie visited the Police Station at 12.45 and reported that he had been involved in an accident with a taxi. He added that- the owner of the car was outside.

Witness stated that Neilson was very drunk and had to be assisted into the station. Brockie said that he had been driving the car, and so did Neilson, who was very excited, and said he would take the blame.

Sergeant D. Austin said accused had told him that he was driving the car and that Brockie was a passenger. At the Police Station Neilson was very abusive, and made many uncomplimentary remarks about the police. Mr Robertson did not call any witnesses, but submitted that there was no charge to answer. Neilson could not be held responsible for anything he had said at the police station, and Brockie had pleaded guilty to being intoxicated in charge.

In reserving his decision the magistrate said he would like time to consider the point raised by the senior sergeant. He would also defer imposing a penalty on Brockie until he had considered the charge against Neilson.