FAILED TO STOP

Auckland Star, Volume LXXII, Issue 247, 18 October 1941, Page 6

FAILED TO STOP

MOTORIST CONVICTED STATEMENT IN DISPUTE A feature of the defence raised for John Patterson, furniture manufacturer, aged 34 years (Mr. Goldstine), charged before Mr. Justice Fair and a jury in the Supreme Court that being the driver of a motor on July 26, in Hobson Street, that was concerned in an accident, he failed to stop and render assistance, was the circumstances under which a statement to the police containing an admission was taken. Mr. V. R. Meredith prosecuted for the Crown.

Constable D. H. Motley testified that he saw accused and got a statement about damage to his car. He then went with accused to the police station, for the car to be examined and other inquiries to be made. After having had an interview by himself with Sergeant Hamilton, the accused made another statement, containing an admission that he felt his car bump, and the first statement was given him to destroy.

Sergeant Hamilton testified to having interviewed accused alone, but denied having told him that if he admitted having felt a bump as his car was going along Hobson Street, the matter would be cleared up in the Magistrate's Court without further trouble.

Accused gave evidence admitting having driven along Hobson Street in the darkness about the time a Maori named Andrew Marsh was knocked down and fatally injured. He said his lights were burning, and he saw nobody knocked down, and did not feel his car bump anyone. Next morning he found one of the car's headlights broken and a mudguard dented, and thought the damage must have been done by another car backing against his car at a parking place. He had not reported the damage to the police, or to the insurance company. He added that Sergeant Hamilton told him that if he said he felt a bump the matter would be cleared up in the Magistrate's Court without further trouble.

His Honor said that in the circumstances the jury must be directed not to consider the second statement made to th£ police.

After a retirement of an hour and a half the Jury returned a verdict of guilty, with a strong recommendation to mercy. Mr. Goldstine said he felt that the police statement should have been ruled out from the beginning, and he would like to consider the motion for a new trial.

His Honor remanded accused for sentence, and admitted him to bail.