CHARGE OF FATAL NEGLIGENCE

Press, Volume LXXVI, Issue 23177, 14 November 1940, Page 12

CHARGE OF FATAL NEGLIGENCE

MOTORIST FOUND GUILTY AT GREYMOUTH [From Our Own Reporter.] GREYMOUTH, November 13. There was only one criminal case for hearing at the quarterly session of the Supreme Court, which opened at Greymouth to-day before his Honour Mr Justice Northcroft. Alan Thomas Cormack, "aged 33, a commercial traveller, of Greymouth. was charged that, on October 15, 1940. at Fairdown, near Westport, he negligently drove a motor-car, thereby causing the death of Patricia Helen Murphy. The accused, who was represented by Mr M. B. Scully, pleaded not guilty. Mr W. D. Taylor appeared for the Crown. The evidence of eight witnesses was heard for the Crown. It was stated that the accused, with Herbert Henry Todd, Patricia Joyce, and Patricia Murphy, left a dance at Westport and drove towards Fairdown. where the car struck a bridge, Patricia Murphy being impaled by the handrail which penetrated the car. The Crown based its allegation of negligence on three points, excessive speed, combined with the fact that all four passengers were in the front seat, the back being loaded with samples, and the fact that the accused on his own statement threw a cigarette out of the car with his left hand just before the impact. Mr Scully, for the defence, submitted that having regard to the nature of the road, the accused’s speed was not excessive, and that the Crown had not proved that throwing the cigarette away interfered with the accused's vision. No evidence was called for the defence. After a retirement of 63 minutes the jury returned a verdict of guilty, with a strong recommendation to leniency. The accused was remanded for sentence.