CHARGE DISMISSED

Otago Daily Times, Issue 27345, 22 March 1950, Page 7

CHARGE DISMISSED

Doctor’s Opinion Upbeld

Dismissal of a charge of being intoxicated in charge of a motor cycle was ordered by the magistrate, Mr J. D. Willis, S.M., after evidence had. been beard in the Magistrate’s Court yesterday. The charge was • brought against Alexander McKerrow, who was represented by Mr G. T. Baylee. Inspector R. L. Wheatley said that he had been on patrol on the Main South road at 6.30 p.m. on March 11 and had followed a motor cyclist, who was weaving about the road. He had stopped the driver and, ocnsidering that he was indriver and, considering that he was instation for questioning. Sergeant H. J. Squire said that he had been in the station when the defendant was brought in for questioning and in his opinion, McKerrow was intoxicated. The usual police doctors had not been available and Dr E. F. Northcroft had been’ called. After examination, the doctor had refused to give a certificate as he did not consider McKerrow to be intoxicated. Further evidence was given by Raymond McCormack Churston and Constable G. P. Dwan. Mr Baylee submitted that the doctor’s certificate was a central part of the police case. It was not fair or reasonable that when the police called in a medical man as an impartial witness and failed to get the evidence that they wished, they should, in effect, throw over the qualified medcial man and rely on their own opinions. “ I have grave doubts that there is a case to be answered and I think the proper course is for the information to be dismissed,” said the magistrate On a’charge of operating an unlicensed vehicle McKerrow was fined 10s and costs (10s). Remand Granted On a charge of unlawful carnal knowledge, a youth represented by Mr G. T. Baylee was remanded until March 30. Bail was fixed at £SO and a similar surety and suppression of the name was ordered.