CHARGE DISMISSED.

Auckland Star, Volume LVII, Issue 59, 11 March 1926, Page 10

CHARGE DISMISSED.

ALLEGED NEGLIGENT DRIVING.

THE KHTBER PASS ACCIDENT.

A charge of negligent flriving, therebycausing the death of Mr. Ernest Whitehurst Nealde, was brought against Norman Ah Chee at the Magistrate's Court. Four witnesses were heard by the Magistrate, Mr. F. K. Hunt, S.M. Henry Richard Hawkes, a motor driver, eaid that about 5.15 p.m. on January 5, he. was driving his lorry down Khyber Pass. When opposite the Lion brewery he saw a motor lorry, a motor cyclist and a motor car travelling up Khyber Pace. The lorry was travelling between the footpath and the tramrails- The motor bike was travelling in the centre of the rails and was overtaking the lorry. The motor' car wat» directly behind the motor cyclist. Witness tlonght that the motor car and the motor eycliet were travelling at the same •peed, which would be slightly .faster than the speed of the motor lorry. Before the cyclist drew level with* the driver of the lorry, he looked round. He reached down to the left side of the motor cycle, holding the handle-bars in hi* right hand. Just then the motor erele paused dightly. The motor car ease up at the back and touched the nsad-gaar<L The motor. cycle tipped over toward* the lorry, and the man fell seder the front wheel, which passed over him. The motor car practically stopped dead after hitting the cyclist. The driver of the car appeared to have control of the car.

To Mr. J. Hore (for Ah Chee): When he firet caw the motor car, it was about nine feet behind the motor cycle. The eyeliet gave no signal in accordance with traffic regulations. After hearing all the evidence, Mr. Hunt said no jury could convict on the evidence tendered. It was quite right to have the matter investigated, but it would be a waste of public money to send the case to trial. It would be dismieeed.