CHARGES DISMISSED AT MATAURA

Southland Times, Issue 25746, 9 August 1945, Page 10

CHARGES DISMISSED AT MATAURA

Alleged Danger Of Mine Workings Charges of failing to comply. with a notice to fence the old coal-mine site at the south end of Mataura, and or failing to comply with an order to fill in the excavations on the site, which were brought by'the town clerk of the Mataura Borough Council (Mr J. M. Thom) against Beattie, Coster and Co., Ltd., in the Mataura Magistrates Court were dismissed by the Magistrate (Mr R. C. Abernethy). A chaige of failing to cut down noxious weeds and gorse on the property was withdrawn. A further information against the Perpetual Trustees and Executors Company Ltd., in the estate of Mrs Catherine Penny (deceased), for failure to comply with a notice to fence the area between the band room and Mr J. Buchanan’s store in Bridge street was also dismissed. Beattie, Coster and Co., Ltd., and the Perpetual Trustees were represented by Mr S. M. Macalister (Invercargill), and the town clerk, who was proceeding on behalf of the Mataura Borough Council, was represented by the borough solicitor, Mr H. L. Smith, of Gore. Mr Smith said the company had begun mining on the site at the south end of the town opposite the saleyard corner many years ago, and during its period of operations had used the open cast method of mining. The company had ceased working the area several years ago, and the old diggings had now accumulated considerable water, and, apart from being unsightly, were also dangerous to children, stock and traffic. The company had made no effort to have the water removed or the ground replaced in its original condition. Following complaints by drovers and the Farmers’ Union a further approach had been made to have the area facing Main street fenced with stock-proof fencing. Cattle being driven to the saleyard were liable to stray into the area and go into the lagoon, which in parts was over 15 feet deep. Representations made had little effect.

Gilbert McMillan Thom said he had received no official notification of a change of ownership in the property, although he had heard rumours that it had been purchased at a recent sale by the Mayor of Mataura, Mr C. D. McConnell. A transfer of the company had not been notified to the borough, and, as far as the borough was concerned, the responsibility for the property was that of Beattie, Coster. In reply to a question by Mr Macalister whether he knew the mayor had purchased the property for £375, Maxwell Walker, chairman of the Works Committee of the Borough Council, said he knew nothing about it. He was not sure how the council knew the property was going to be sold, but he did know it was not told by the mayor. Mr Macalister: The court is entitled to dismiss the informations if the proof is not before the court of notice having been served. “Having regard to the evidence before the court,” said the magistrate, “there may be no liability on the defendant, though there is a liability on somebody. I do not intend to dismiss the case on its merits. There is no evidence before the court to prove that notice was given the defendant.” Costs of £2/2/- were allowed the defendant. IRREGULAR ATTENDANCE “It is fortunate that there are not many of these cases coming before the Court these days. It is hard to understand some parents not taking advantage of the educational facilities offered their children,” remarked the magistrate when convicting and ordering Edward Docherty to pay 10/- costs and 30/- witnesses expenses on a charge of failing to ensure the regular attendance of his daughter at school. Evidence was given by the attendance officer, Thomas James Gosling, that the child’s attendance over the last few years had been very irregular. Warnings had not produced any effect. Dr W. J. Boraman, the headmaster, said that the child was aged 13 years and was in Form 11. To his knowledge there was no reason why there should have been irregularity in attendance.