CHARGE DISMISSED

Wanganui Chronicle, Volume 85, Issue 47, 25 February 1941, Page 3

CHARGE DISMISSED

INTOXICATION ALLEGED AGAINST MOTORIST EVIDENCE OF DOCTOR Stating that he would not call on the defence to give evidence, and that he did not doubt that experienced police officers saw all the symptoms they had described, Mr. J. H. Salmon, S.M., in the Magistrate’s Court, Wanganui, yesterday, dismissed a charge preferred against John McLennan. Defendant pleaded not guilty to being intoxicated while in charge of a motor-car on the night of February 7. Sergeant W. J. K. Brown appeared for the police, and Mr. V. B. Willis for McLennan. Percy L. Rouse, traffic inspector, stated that he saw McLennan driving his car in Ridgway Street on the wrong side. He followed the car to Spriggens Park and then to the Wanganui Racecourse. He asked McLennan to get out of the car. McLennan smelt very strongly of liquor and swore at him. He was taken to the police station. To Mr. Willis: Witness first saw McLennan at 11 p.m. and half an hour later he was examined by Dr. G. H. Robertson.

Dr. Robertson said when McLennan stood up in the station he swayed a little and his first impression was that he was under the influence of liquor. Various tests were carried out by McLennan in a normal way. The doctor said he could smell no liquor on McLennan, although he said he had three beers at 8 p.m. He appeared to be very tired and said he had left Waitotara very early on the day, and that he had been about the streets all day. He thought McLennan was suffering from fatigue more than from intoxication. He had recently been in hospital suffering from stomach trouble. Constable A. Shilton said that McLennan’s breath smelt strongly of liquor. He was in such a state of intoxication that he should not he in charge of a motor-car. Senior-Sergeant F. Culloty said that from McLennan’s actions at the station he was satisfied that defendant was intoxicated.