DUTY OF JURIES

Press, Volume LXXIX, Issue 24023, 11 August 1943, Page 4

DUTY OF JURIES

SETTING OF MOTORISTS’ STANDARDS

ACCUSED ACQUITTED IN COLLISION CASE

‘‘You, as a jury, and as a cross-section of the public, are expected to set a standard of responsibility, which the public is to expect from people who drive motorcars,” said Mr Justice Northcroft, when summing up in a case involving two alleged traffic offences in the Supreme Court in Christchurch yesterday, "and you will let the country know that you will not sanction breaches of the statute as have been outlined here.” The case, which his Honour characterised as an important one, concerned the behaviour of Victor Halgh Ormandy, aged 38, a master builder, of Rlccarton (for whom appeared Mr W. R. Lascelles). during the early hours of the morning of June 20. Mr A. W. Brown appeared for the Crown.

Ormandy was charged that, being the driver of a motor-car, and an accident having directly arisen from its use to Norman William Durham (the driver of another car) he had failed to stop. On the second count he was charged with having failed to ascertain’ whether he had injured any person. He pleaded not guilty. The jury, after a short retirement, returned a" verdict of not guilty on both counts. Ormandy was released. When summing up, his Honour recalled the legislation of 1936 (under which the accused was charged), when the public, he said, had been shocked by the number of road accidents. In some cases, he added, motorists had run away, and left their victims on the road, until the situation had obtained the degree of a public scandal. Parliament had intervened, and passed a law to deal with “hit and run" offenders.

His Honour said in the case before the iury there was no suggestion that the people with whom the accused’s car had come Into collision had suffered any severe injury. But he did not agree with the contention that If a motorist had had a collision, and "thinks he had not hurt anyone,” he could then proceed on his way "That is not so,” said his Honour “He Is bound by the statute to ascertain what Injury has been sustained by the other party. It is not sufficient to stop momentarily, as a consequence of the impact, but he has to stop voluntarily and ascertain what injury or damage has been incurred."

Counsel for the defence had suggested that if the accused were convicted the jury would make him a criminal. “But this is not a crime, gentlemen,” said the Judge, "in the sense that breaking Into someone’s home would be. Rather Is it a breach of good conduct and the good manners of the road.”

The question at issue, his Holiour said, was how had Ormandy behaved after the accident? His Honour made reference to Ormandy’s statement to the police wherein he said that the other car had gone on, and for that reason he (the accused) had also proceeded on his way. However, three police witnesses had declared that Durham’s car was brought to a stop. "If that is true, it seems to me that the accused had little justification for his explanation,” added the Judge, who also commented that the accused had made several devious turns after the accident to get Into Worcester street. In his address to the jury, Mr Lascelles had stated that It was not a case where an Injured person had been left lying on the road by a motorist. There were only two points for them to consider—did Ormandy fall to stop, and did he fail to render assistance? Counsel submitted that his client did stop, and for that reason he was not guilty on the first count. On the second count it was essential that "a liber-! interpretation" should be placed on the words “to ascertain.” "From the position in which he sat in his own car," declared counsel, “it was obvious to Ormandy that no one had suffered any Injury.” Mr Lascelles appealed to the jury not to return a .erdict of guilty, as that would brand .hr accused a criminal

Mrs Dorothy Joseph Poschich, a factory forewoman, stated that she was in a ca: o*. the night of the accident with the driver, Durham. , The witness said that she had seen another car approaching from the left, and the cars came into collision. Her sister was Bruised: otherwise, there were no Injuries. Some damage was done to the car.

Mr Brown; What kind of a night was it 9

Witness: Clear and bright,

To Mr Lascelles the witness said she did not see the other car again after the collision.

• ederick Douglas Lucas, a taxi-driver, said he was in a cafe when he heard a crash, and hj wont to .he scene of the collision. He subsequently saw the accused’s car turn into Manchester street. Two constables entered witness’s car, and he gave chase as far as Fitzgerald avenue, when he lost the other car.

Hugh McLean, a police constable, stated that he had interviewed the accused on June 20, when he admitted being the owner of i'r car involved in the collision He inspected the car and found dents in the left front mudguard and the left hubcap was missing. Accused admitted that the latter, when produced, belonged to his car.

Mr Lascelles: The damage to the accused’s car was very slight?

Witness: Yes.

When you interviewed the accused, he gave a frank, straightforward account of the accident?— Yes. he was quite frank.

Mr Justice Northcroft: You mean that he answered readily?— Yes, he was quite straightforward about it. This concluP -J the case for the Crown. Mr Lascelles c)tt not call any evidence for the defence.

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