John Mountain Sutherland, sickness beneficiary, pleaded not guilty before Mr Scully S.M. on a charge of using obscene language.

The main witness for the prosecution slated that he had pulled up by a milkbar when another car had passed his, stopped and a person from that car had got out yelling "What the hell ya doing ya fuckin bastard". Witness was unable to recognise the user of the language anywhere in court.

The person who actually laid the charge was not the man to whom the language was addressed, but a local shopkeeper Frank Charles Muncy. Muncy testified that he had heard the language complained of, although he had not seen the defendant actually speaking at the time.

The defendant, Sutherland, stated that he had been driving down Warspite Avenue, Porirua when the car in front of him indicated that it was stopping. It then indicated a left turn, making him cross the white line and almost collide with a vehicle coming in the opposite direction. Sutherland stopped, got out and asked the offending driver if he was drunk. Sutherland testified at 'the same time' a hitchhiker passenger had used the obscene language and that Muncy had not appeared until after the incident. Sutherland also said that he and Muncy had had arguments on previous occasions.

This evidence was corroborated by Sutherland's mother and Mr David Fogarty, both passengers in the car with Sutherland and the hitchhiker. Fogarty stated that in his opinion the other driver was too drunk to be in charge of a vehicle. He also named the hitchhiker who had used the language complained of.

As is his custom, Mr Scully wasted not a word or a second in summing up the case. He said that there was no question that the language had been used and that it came from the general direction of the car.

Mr Muncy, said Scully, had no interest in the case and had recognised the defendent in court. He fined Sutherland $50 and $6.50 witnesses expenses.

It is interesting to note that Mr Scully's "disinterested" witness was the one who had actually laid the charge, and that he was not on friendly terms with the defendant. Three witnesses were discounted in Muncy's favour. We didn't hear why, but one presumes that it would have been a bit much to have called Mr Sutherland a liar. Nevertheless the effect was there, and the day was saved for the propertied and respectable. The Justice Department can probably find a use for a sickness beneficiary's $50 too.