SEQUEL TO ACCIDENT A QUESTION OF TIME The trial of Phillip Hayvice, aged 44, managing-director (Mr. Robinson), on three charges arising from a motor accident in Symonds Street about 7.40 p.m. on March 8, was concluded before Mr. Justice Callan this afternoon. Hayvice was charged with failing to stop after an accident, failing to ascertain if anyone was injured, and failing to render assistance to an injured person. Mr. Cleal conducted the case for the Crown. Further evidence for the defence was given by Pauline Hay, of 187, Khyber Pass Road, and Shirley Gatt, married woman, of Birkenhead, corroborating Hayvice's evidence that he had arrived at an apartment house in Khyber Pass Road before 7.30 p.m. and stayed there till 9.40 p.m. His Honor, in his summing up, said that if a thief had taken Hayvice's car he must have done so practically at the very moment that it was parked. It seemed that the driver would not have had time to do anything but drive the car round in a circle and arrive at the scene of the accident. The jury would also have to consider whether anyone who had taken the car would return it to the very point from which it had been taken, thereby increasing the likelihood of detection. These things had to have happened if the accused were innocent. The real question, said his Honor, was whether accused had been in the apartment house in Khyber Pass Road when the 7.30 p.m. chimes were heard over the radio. Both women said that he had been, but there were unusual circumstances surrounding this crucial question. Beyond saying that Hayvice had been in the room neither gave any reason for knowing it to be so. There was no evidence concerning any conversation that had taken place and they had not listened to any programme or heard anything over the radio but the 7.30 p.m. chimes. One or other had been wrong in the reason given for Hayvice not wanting a meal. Miss Hay said that she had turned on the radio and Mrs. Gatt said that she had. One or other was wrong in her recollection of this. It was of no importance but neither, at the time, had been the question of whether Hayvice was in the house at 7.30 p.m.
The jury retired when the Court adjourned for lunch at 1.5 p.m.
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MOTORIST CHARGED, Auckland Star, Volume LXXVI, Issue 181, 2 August 1945
MOTORIST CHARGED Auckland Star, Volume LXXVI, Issue 181, 2 August 1945
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