ALLEGED FAILURE TO STOP

Press, Volume LXXIV, Issue 22319, 5 February 1938, Page 9

ALLEGED FAILURE TO STOP

MOTORIST CHARGED AT AUCKLAND JUDGE ORDERS NEW TRIAL (TRESS ASSOCIATION TELEGRAM.) AUCKLAND, February 4. Facing charges of failing to stop after an accident, failing to inquire whether assistance was necessary, and failing to render assistance, Kenneth Frank Bowden, of Kakakawa, appeared in the Supreme Court before his Honour Mr Justice Callan and a iury. The offence was alleged to have occurred on August 25. Bowden was represented by Mr Trimmer, of Whangarei, and Mr Hubble represented the Crown. Proceedings concluded late to-night. Dulcie May Squire, aged 18. of Kawakawa. said she was employed up to August 25 last as an usher _t the

Kawakawa picture theatre. On that night she finished work between 10.45 and 11 o'clock, and started tor home down the main street. Someone, said the witness, called out to her from a car. She did not know at first who it • was, but later she recognised the car. Bowden, the driver, asked her if she would like a lift, as he was going past the hospital. She had known him for a long time. The witness stated that there was another man in the front seat with Bowden, and she got in and sat on the rear seat. It was raining. At ♦he turn-off to the hospital and her home, Bowden took the wrong turning. The witness told him so, and he said, "I am going places.” The witness replied, “Not with me.” The witness said she then opened the right-hand door to jump out. The accused turned round and saw her. and started to go faster. The witness stated that she jumped out, and fell in a drain. Water came over her face from the drain. The car went on a short distance, and turned back to where she was lying. Both men got out. Mr Hubble: What happened then? The witness said the accused kicked her with his foot, and said “She is dead.” Bowden started the car, the witness continued, and the men drove away. Her arm was fractured.

Constable Muir said ho interviewed the accused, who denied the girl had been in his car. Later he admitted she had been in the car, and that he had forgotten all about it, because the girl had jumped out after being :n the car obout a minute.

Legal argument followed as to whether the case came under the section of the Motor Vehicles Amcndtr-nt Act. 1936. under which it was laid. The accused, in evidence, said i did not see the girl jump out. He was drunk. There was no truth in the statement that he poked her with a boot.

After a retirement, the jury late tonight stated that they could not agree. A new trial was ordered, and the accused was released on bail.