BENEFIT OF DOUBT

Waikato Independent, Volume XL, Issue 3669, 17 February 1940, Page 5

BENEFIT OF DOUBT

DRIVING AT EXCESSIVE SPEED MOTORIST IN COURT A charge of driving a car at an excessive speed on St. Kilda Road on December 14 which was preferred against Benjamin. William McDonald, a farmer, of Waiuku, and wellknown in Cambridge, was dismissed by Mr W. H. Freeman, S.M., in the Cambridge Court on Thursday. The Magistrate said he was giving defendant the benefit of the doubt. Mr S. Cleal, of Auckland, appeared for defendant. The case arose as a result of McDonald’s alleged fast driving on the road at a time when a party of men, including Constable C. H. Maisey, was examining the scene of a fatal accident which had occurred the previous day. Francis George Wooller, insurance company manager, of Hamilton, stated that he was standing on the side of the road with others when defendant’s car passed at what he considered was an excessive speed. There were two cars parked on the road side. To Mr Cleal, witness said the road was dusty at the time. The road was narrow, and with cars parked on the left it would be likely that a passing motorist would have to travel on the other side of the road. s

John Hamilton., electrical engineer, of Hamilton, stated that when the car passed, he thought that the driver had no proper control of it. The vehicle swerved and then ran along the grass for some time. He considered that he was a good judge of speed, and that McDonald was going too fast. Ernest Harwood, farmer, of Tirau, stated that he observed the car approaching, and commented on the speed of it. As the car passed,' ‘ it crossed to the wrong side of the road and continued for about 70 yards with the right wheels in the grass. Constable C. H. Maisey stated that he was inspecting the scene of a fatal accident which had occurred the previous day, when defendant passed two stationary cars in a cloud of dust. Witness took the number. Those present on the roadside agreed that the car was travelling at from 55 to 60 miles an hour. The Road Clear Mr Cleal stated that defendant was driving a high-powered car which,was in perfect order. He was driving towards Fencourt on a road that was perfectly clear. Usually a ‘ motorist would not anticipate anyone stepping out from the side of the road. Mr Cleal considered that a wrong impression had been created by the dust caused by the car and the fact that one of the men on the side of the road had remarked that the speed was excessive. Defendant, in evidence, stated that the road was very dusty and he was travelling at 40 miles an hour. !He saw a group of men on the side of the road, but he took more notice of two cars parked nearby. He admitted that he had been advised not to give full information to the police when asked to do so. John Clive pevonport, a student teacher at the Auckland Training College, who was travelling with defendant, stated that the speed of the car was not excessive. He had driven the defendant’s car and knew it to be easy to control. He noted the men on the side of the road and he remarked to the driver that he hoped the dust would not inconvenience them. Assuming that he road was clear, 50 miles an hour would not be an excessive speed', said the Magistrate. In estimating the danger, one had to allow for the fact that a driver would see a person before he got to the road. It was on this that the case hinged. Here there were several cars pulled up on the other side of the road. The average driver would assume that all the people were out of the cars. The only relevant element was, should the driver have gone past the other cars at the speed he did. Three men said the pace was too fast, but there was no danger to them. Defendant had also gone to the right-hand side when passing the cars. This was a very serious charge, said the Magistrate, and before entering a conviction, he had to be certain. Defendant would be given the benefit of the doubt and the charge dismissed, but the Magistrate added that the case should act as a warning to him. For having no warrant of fitness for his car, McDonald was fined 10/- with costs 13/-.