DOCTOR IN COURT

Otago Daily Times, Issue 26228, 12 August 1946, Page 4

DOCTOR IN COURT

CHARGE OF INTOXICATION JUSTICES REFUSE REMAND DISMISSAL OF INFORMATION (P.A.) CHRISTCHURCH, Aug. 11. , When William Maxwell Manchester, aged 33, a medical practitioner, was charged in the Magistrate’s Court on Saturday with being in a state of intoxication while in charge of a motor car on August 9, Senior Sergeant G. H. Holt asked for a remand until Monday. Mr W. E. Simes, J.P., who was on the Bench, said the usual procedure of asking for a remand when charges were laid before Justices was appreciated, but he could see no reason why the Justices should not carry out the duties which they were appointed to perform. The magistrates were greatly overworked. In his opinion the two Justices could very well deal with the charge before the court, and he saw no reason to adjourn it while the magistrates were so busy. As the doctor who had examined the defendant was not available to give evidence, he would adjourn the case until 7 o’clock that evening. Counsel, Mr T. A. Gresson, said there was an answer to the charge, which would be defended. The court then rose and resumed at 7 p.m. in the Central Police Station, when Mr Arthur Rose, J.P., was ■on the Bench with Mr Simes. Senior Sergeant Holt said his instructions were to ask for a remand * until Monday, There would be a conflict of evidence, and the doctor’s report would be against the police. There was, however, a- possibility of obtaining further evidence, and he asked\ for time to secure that evidence. :

Mr Simes: I am just wondering what further evidence can be produced.

The senior sergeant: I am not quits sure, but it may be possible to collect further evidence from the attendants at a dance hall to which the defendant was going. Mr Gresson said it was possible that no evidence could be advanced against his client in face of a certificate furnished to the police by Dr Scott. Mr Simes then indicated that the Bench was not prepared to grant a remand.

The senior sergeant: Am I to understand that the court wishes to proceed with the charge? Mr Simes: That is the wish of the court.

The senior sergeant: In that case no evidence will be offered by the police. Mr Simes then said the only course open to the court was to dismiss the charge on the payment of costs. Mr Rose concurred, saying, “ the information is dismissed.” Mr Gresson said it should be made plain that the doctor’s certificate indicated that the defendant was in a fit condition to drive a car.

Mr Rose: The press can see that. The police have no case, and I am happy to leave it at that.

The charge was dismissed