REASONABLE DOUBT, STATES S.M.

Star (Christchurch), Issue 17881, 24 June 1926, Page 4

REASONABLE DOUBT, STATES S.M.

EVIDENCE DID NOT SHOW THAT DRIVER WAS DRUNK. On the ground that there was a reasonable doubt, Mr H. A. Young, S.M., to-day* dismissed a charge against Thomas Voice, blacksmith, of being drunk in charge of a horse and cart. Robert Witty, a motor dealer, said that he was driving from Fendalton to Riccarton on Saturday' last, and he collided with Voice's cart. The collision was not serious. The man rolled out of the cart, and was found almost unconscious. To Mr Thomas: The gig was full of mauls for driving stakes. Witness would not say that accused’s condition was due to liquor. There was another man in the gig, who was undoubtedly under the influence of liquor. Constable Roberts, of Lower Riccarton, said that when arrested Voice was in a drunken condition. Driving the gig along Riccarton Road without lights was an exceptionally dangerous practice. Voice’s speech was very thick, and witness told him he was not in a fit condition to drive home. Voice told witness that he had been kocking about town during the day*, and had several beers and shandies. In reply to Mr Thomas, the constable said that it did not occur to him that Voice's condition was the result of the accident. Constable M'Lennan said that when Voice was brought to the police station he showed signs of having had drink. Witness would not say that Voice was not capable of looking after himself. Mr Thomas said that, as the result of the load in the gig. Voice did not have a good hold, and the collision threw him out. Voice, in evidence, said that he had never been in trouble before. Up to the time of the accident he was quite sober. During the day' he had three beers. To Sub-Inspector Mathew: He did not tell the constable that he had seven drinks, and he did not remember telling the doctor that he had been drinking about the hotels. Dr A. H. Vivian, who was called to the accident, said that Voice was dazed and smelt of drink. He had abrasions on the left side of the temple. His condition waa consistent with shock plus the fact that he had some drink. It would be impossible to say which of the causes was responsible for his condition. To the Sub-Inspector: VoiOe told him that he had had some drinks. The Magistrate said that there was nothing in the accused's driving to show that he was drunk, and the fact of his being thrown out of the cart did not show that he was drunk. There was a reasonable doubt, and accused was entitled to the benefit of it. The information would be dismissed. For not having lights on his vehicle, Voice was fined 20s and costs.