VJ-DAY EPISODE

Auckland Star, Volume LXXVI, Issue 254, 26 October 1945, Page 9

VJ-DAY EPISODE

MOTORING FATALITY

TRUCK DRIVER ACQUITTED

Arising out Of an accident at Moerewa, near Kawakawa, on the evening of August 18, (VJ day), a Maori truck-driver, Man 6 Wiki, aged 38 (Mr. Guy) stood trial yesterday before Mr-. Justice Cornish in the Supreme Court, on a charge of negligent driving, causing death. Opening the case for the Crown, Mr. Cleal said the evidence would show that about 7.45. p.m. accused was driving a truck from Kawakawa to his home at-Oteria, and when passing through Moerewa the truck hit Hone Rore Wiki Teoi, accused's cousin. The injured man died in hospital. Mr. Cleal said witnesses would testify that the man knocked down was standing at the side of the road with a bicycle, and that the car, with only parking _ lights on, approached the spot in an erratic course, though not at an excessive speed. The man killed had had some drinks before the accident, and was carrying some bottles of beer. In the course of a statement made after the accident accused admitted that he was driving with only parking lights on. He said he had had only three or four drinks just before leaving Kawakawa, and explained the course taken by the car by saying someone had called out to him at Moerewa, with the result that h& swung the car to the side of the r .ad, thinking that person wanted to speak to him. Accused said he did not see anyone in the truck's course, but heard a rattle and then heard someone call out, causing him to stop after t)ie accident. Counsel said the evidence would show that the night was fine and clear, and the Crown's case was that accused was negligent in driving with insufficient lights and in not keeping a proper look-out. Evidence was given on the lines stated by Mr. Cleal. For accused, who did not give evidence, Mr. Guy said there was no suggestion by the Crown that drink was the cause of the tragedy. The speed of the vehicle did not suggest recklessness, and counsel submitted that driving with only parking lights did not constitute negligence.

His Honor said the question was whether or not. the accused was negligent in that he did not keep a sharp look-out. If the true cause of the accident was the other man standing where he did, then, the accused should be acquitted. The jury returned a verdict of "not guilty," and accused was discharged.