NEGLIGENCE CHARGED.

Auckland Star, Volume LIX, Issue 204, 29 August 1928, Page 9

NEGLIGENCE CHARGED.

FATAL MOTOR ACCIDENT.

YOUNG DRIVER ON TRIAL.

DRUNKENNESS ALLEGED,

<By Telegraph.—Own Correspondent.)

HAMILTON, this day,

The capsize of a motor truck at YVaihou on July 14, as the result of which a woman named Hiria Turawako was killed, led to a young man, John Walker, being charged before Mr. Justice Blair to-day, that while in a state of intoxication while in charge ol a motor truck, he did by some act oi omission cause the death of Hiria Turawako; and secondly, that by negligent driving he caused the woman's death. Mr. Gillies, for the Crown, said that Walker was engaged to drive a number of Maoris from Waharoa to Waihou. When near the Waihou bridge, the truck capsized over a bank on Walker's wrong side, and a Maori woman was pinned beneath the vehicle and killed. It would be stated by witnesses for the Crown that the prisoner was drunk at the time and that he also attempted to bribe one ""of the witnesses by promising him a £10 note. It was true that when taken into Te Aroha after the accident, prisoner went successfully through tests for sobriety, but it did not follow from this that he was not drunk at the time of the accident, the result of which would doubtless have had a very sobering effect on him. Even if it were not proved that prisoner was drunk at the time, there could bo no doubt that he must have driven negligently to have run the truck where he did. The truck was examined after the accident and was found to be in perfect order, apart from a little "shimmering" of the wheels. The hearing is proceeding. Stopped at Hotel. Jack Wherawhera, of Waharoa, said he engaged prisoner to drive a party from Springvale to Waharoa. On passing through Waihou they pulled up near a hotel and witness and two others entered it. Witness had a few whiskies and a few beers, while Walker, who entered the hotel with a friend, also had some drink, but how much he did not know. There were on the truck altogether five Maoris and two pakehas. Not long after the lorry started from Waihou it capsized over the right bank, and all were thrown out. Hiria, who was pinned beneath, was killed. Cross-examined by Mr. Strang, witness said the roads were quite good and lights fully on. When leaving the hotel he saw Walker take two small whiskies.

"Offered a Bribe." Patrick Joseph Murray, grocer, of Morrinsville, who came on the scene shortly after the accident, said the natives were in various stages of intoxication. He spoke to Walker and asked him how it happened. He did not answer at first, and witness asked him if the steering was the cause. He answered. "Yes, steering, that's it." He also said the accident would cost him about £500, and remarked several times to witness. "What about a tenner?" From which witness understood Walker to imply that he was offering him a bribe. Witness formed the impression that Walker was intoxicated. He also saw one of the natives dragging a large jar up the bank.

Alexander Hill, Piako County foreman, said that he, with others, helped to right the capsized lorry. He considered Walker was slightly under the influence of liquor. Dr. W. R. Lawrence, of Te Aroha, who was called to the accident, said Walker was then under the influence of liquor. Witness asked Walker how many drinks he had had, and Walker replied, "A few." An hour and a half after the accident witness put Walker through sobriety tests, which Walker was able to carry out successfully.

Mr. Strang: Are you able to express an opinion as to whether at the time of the accident the prisoner was fit to drive a motor vehicle ? Witness: I am not able to say. Gerald Casey, barman at the Waihou Hotel, said Walker brought in jar, which he asked to be filled with beer. Witness filled it. While in the hotel Walker had four or five small whiskies, each about half the usual measure. Leonard Charles Russell, motor mechanic, who examined the vehicle, said the steering was all right, although the brakes were of little use. Walker was under the influence of liquor. The case is proceeding.