FAILURE OF CHARGES

Taranaki Daily News, 27 September 1933, Page 10

FAILURE OF CHARGES

MANAIA MOTORIST PROSECUTED.

COSTS AGAINST LOCAL BODY.

There were unusual features in a motoring prosecution heard in the Onehunga Police Court on Monday. It was a sequel to an accident which occurred in the Newmarket borough, but the prosecution was brought by the Manukau County Council. The magistrate, Mr. W. R. McKean, dismissed the case and awarded costs against the prosecuting local body. The defendant, H. E. Hodder, of Manaia, Taranaki (Mr. Holmden) was charged by the traffic inspector of the Manukau County Council with using wrong number plates and dangerous driving. The evidence showed that on April 25 a schoolboy cycling on Remuera Road towanj Newmarket, skidded on the tramline in endeavouring to avoid defendant’s car near. St. Mark’s Church. Defendant had just completed a rightabout turn and was proceeding toward Newmarket ahead of the bicycle, which in skidding was thrown under the car and carried 40 feet. The boy fell clear of the car and escaped unhurt. The charge of having wrong number plates was based on a report of the registrar in New Plymouth, which showed that the number on defendant’s car had been allotted to another vehicle.

The magistrate declined to accept the registrar’s certificate, which he said could not by itself be admitted as evidence without the presence of the registrar to support it.

Mr. Holmden said the alleged breaches had occurred five months ago and the Manukau County Council had no jurisdiction over the traffic regulations in Newmarket. The inspector had put himself in the position 'of a private prosecutor, as the event took place outside his territory,'; According to the regulations a local body’s traffic inspector could exercise his official powers as such only in that body’s rating area. Counsel also objected to the prosecution being brought in the Onehunga Court, and said the case should have been heard in the Auckland Court. He said his client, who had come specially from Taranaki, should be awarded costs.

The magistrate agreed that the case should have been taken in the Auckland Courts. He allowed costs amounting to £5 6s against the informant.