POLICE COURT

Southland Times, Issue 22041, 14 June 1933, Page 4

POLICE COURT

SITTING AT GORE. A CASE DISMISSED. At a sitting of the Gore Police Court yesterday before Mr H. J. Dixon, S.M., miscellaneous cases were dealt -with. The Gore Borough Inspector (Mr Patrick Kelly) proceeded against David Wilson on a charge of allowing stock to wander on a public street. Defendant, who did not appear, was fined 5/* and ordered to pay 10/- costs. On the information of the County Traffic Inspector (Mr P. C. Watson) Islay Mathieson was proceeded against on a charge of driving a motor lorry without being the holder o* a heavy traffic license. Defendant was represented by Mr A. H. W. Aitken, who entered a plea of guilty. The inspector stated tnat defendant had been in arrears with license fees amounting to £5. , He was convicted and fined £3 and ordered to pay 12/- costs. Traffic Inspector J. H. Croad proceeded against James Swain for riding an unlighted cycle after dark. He was fined 5/- and ordered to pay 10/- costs. On a similar charge Alexander Gregory pleaded not guilty. The inspector stated that he accosted accused without lights at 5.55 pm. thereabouts. The sun set about 4.38 p.m. on that day. Defendant stated that the sun set at 4.45 and, according to the by-law under which the charge was laid, he was allowed an hour. ~ After an adjournment defendant said that when the inspector accosted him he looked at his watch. The time was 5.40 p.m. The inspector said that the sun set at 4.38 p.m. and he would find this was so according to the paper. Witness looked up the paper and found that the sun set at 4.44 p.m. on that date. Witness arrived home at 5.45 pm. The by-law allowed an hour after sunset before lights were comThe inspector said that the time was half an hour as the by-law had been altered, but he could not produce it for the Court. The Magistrate dismissed the case, stating that there was a reasonable doubt. At the same time the inspector could have obtained a conviction under the L.ights on Vehicles Act 1915, which allowed half an hour after sunset. The inspector had had a previous case ot this kind and should have taken heed Frederick Hoffman, who did not appear, was fined 10/- and ordered to pay 10/- costs on a similar charge. Shooting Game Without License. Telfer Elder, of Waipounainu, was charged, on the information of the Otago Acclimatization Society, _ with taking game in an open season without being the possessor of a license. He pleaded guilty. Mr W. B. Johnston, instructed by the solicitors to the society, prosecuted. He said that defendant had been accosted by the ranger of the society and a constable and he admitted that he had not taken out a license and also that he had been out shooting ducks and had shot two. The case was not regarded as a serious one and the society did not wish to press for a heavy penalty. Defendant had subsequently taken out a license. He had stated that he did not believe it was necessaiy to do so as the owner had given him permission to shoot on his property. Under the Act the minimum fine was fixed at £5. Defendant produced his license and also previous ones which he had held. The Magistrate said that in the circumstances the society might not have prosecuted. He had no option but to fine defendant £5 and order him to pay 12/- costs and £1 1/- solicitors fee. , , Defendant asked for the return of his gun, but the Magistrate _ said he would have to apply to the Minister of Internal Affairs.