GORE NEWS

Southland Times, Issue 24500, 30 July 1941, Page 7

GORE NEWS

MAGISTRATE’S COURT TUESDAY (Before Mr R. C. Abernethy, S.M.) Judgment was entered for the plaintiff by default in the following civil claim: United Trading Co., Ltd. v. E. C. Elder (Oamaru) for £l/7/-, costs 14/-. William Herbert Briggs, a bricklayer, of Gore, was proceeded against by the scaffolding inspector (Frederick Augus Reay) on a charge of erecting _ a scaffold without giving previous notice of his intention to do so. He was also charged with permitting the use of a scaffold not in compliance with the regulations, Mr H. C. Smith appeared for the defendant and entered a plea of guilty to each charge. The defendant was convicted and ordered to pay costs 10/-, on the first charge, and on the second he was convicted and fined 10/-, costs 10/-. The inspector of awards (Frederick A. Reay) proceeded against Walter Leake Asher, store keeper, of Waikaka, on two charges of breaches of the award. A £5 penalty was claimed on each charge. Mr W. B. Johnston appeared for the accused and pleaded guilty to both charges. The inspector stated that he inspected the books of the defendant on May 25 and in the case of one employee he found that no wages had been paid since February. This involved wages amounting to £B5. In the case of another employee he found that no wages had been paid since December, the amount involved being £55. The wages had since been paid. The Magistrate said he could see no reason why the defendant had not paid the wages. On the first charge a £3 penalty was imposed and on the second charge the full penalty of £5 was imposed. George Gilmore Bell, a taxi driver, of Ranfurly, appeared on a charge of negligently driving a motor-vehicle on the Invercargill-Dunedin main highway near Waipahi on May 11, and causing the death of Bertram Ernest Dawson. Detective-Sergeant R. Thompson prosecuted. Mr R. D. Jamieson appeared for the accused. Onsley B. Green said he left Dunedin on May 11 in company with Dawson on a motor-bicycle. Dawson was riding the machine. They were on their correct side of the road when the accident occurred. Cross-examined the witness said that it was raining at the time, but not very hard. Albert Edward Wynn, vehicle inspector for the Transport Department, gave evidence of having inspected the motor-car which was involved in the collision. He found the brakes to be defective. They were in a very bad state of disrepair. Cross-examined the witness said there was a certificate of fitness for the vehicle. The certificate was a life cover and the department inspected the vehicle twice a year. Detective A. W. McDougall, of Dunedin, said he interviewed the accused on May 12. The accused made a statement to the witness, which he produced. George Claridge, official police photographer, produced two views of the motor-car. Constable J. Feeley, Dr D. M. Frengley and Roy Carson, a fruiterer, also gave evidence. Mr Jamieson submitted that in thw first contention of the prosecution about the position of the car on the road it was doubtful whether there was a prima facie case against the accused. There was the evidence of the brakes being defective, but there was no connecting link between this contention and the accident.

“The Court has a duty to perform to find out if there is a prima facie case to go before a jury, and if there is evidence on which there is any reasonable doubt the Court should send the case to trial,” said the Magistrate. “I don’t think that the evidence of defective brakes could be held as having any connection with the collision. It is very wrong for a car to be on the road in that condition but the Court has got to decide whether it had any connection with the cause of the accident. The car was not on its incorrect side of the road and I think the driver took steps to avoid the collision. Considering all the evidence I don’t think a jury could convict, and I will dismiss the case. I might say, however, that the police did the right thing in this case in bringing it before the Court.”