SUPREME COURT

Press, Volume LXXXII, Issue 24800, 14 February 1946, Page 3

SUPREME COURT

NEGLIGENT DRIVING ALLEGED

accused acquitted by JURY

-®? se in which a motorist is barged negligent driving is a mataffects i m P or tance because it ts the P ub bc s safety on the King's aSd’ ev£? ever y° n e is emitled g to ever y person who uses it is en-ittl^?-iM«;re<,uil-e hat other persons using ercbnery care,” said the Chief i? th® S e Rt ’ H H n ' Sir Michael Myers) Supreme Court yesterday, when ® d «ar Critchley (Mr C. S. p i? ad ed not guilty to a charge of negligently driving a motor vehicle so Dultom 3 ” 56 the death of Bruce Leonard _T.be Cr -° W H. Prosecutor (Mr A. T. DonS o ld that an accident had occurred before 8 a.m. on October 25, at the inrm . the Main South road bemad Prebbleton and Hornby and Smith’s road. The accused was driving a milk on the subsidiary road, and the 2? a ? w bo was killed had been riding a ™r£*ZM. Cle v.° n rJ;£ e main highway towards , The corner where the accident took place was not good, and a view° Car^a h ed ® e obscured the accused’s

.h??-/?? 1 ® 8 Marshall Stewart .said he had fo® scene,of the accident and found t P a t Dul jeu had died from a fractured skull and lacerations of the brain. His legs also had been fractured Arthur Zuppicich stated that the van driven by the accused had been travelling about 20 miles an hour when about 200 yards from the corner. He saw the accident, and with his neighbours went to the scene, but as there was nothing he could do he went away. Cross-examined by Mr Thomas, he said it took him more than half an hour to drive from the intersection to Christchurch. The official police photographer (Sergeant John Bainbridge Kearton) said in evidence that he had visited the scene of me accident and taken photographs of the intersection. There had been a scratch mark on the surface of the road. Arthur Edward Bilcliff, a storekeeper, of Lincoln, said he had been driving on the mam road and had seen the motor-cycle ahead of him. It was not far from the corner when he first saw it. From his observations at the scene of the accident he considered that the motor-cycle had struck the van slightly forward of the right-hand side of thp cab. The motorcyclist was not dead when he arrived at the scene. There were no true skid marks, continued the witness, but there were braking marks caused by the van. “I asked the accused where he had come from, and .when he replied, I said he had been approaching a main highway, and that as the motor-cyclist was on his right, the accused was definitely in the wrong,” continued the witness. “He admitted that he had been in the wrong.” Cross-examined by Mr Thomas, the witness denied that he had used the word “skid” in the Magistrate’s Court when he referred to marks on the road.

Constable John Selwyn Horn said that the motor-cyclist had been wearing goggles, helmet, and earflaps. He had examined the speedometer on the motorcycle after the accident and it was fixed at 47 miles an hour. He knew that the man who was killed worked somewhere in Christchurch. • The height of the macrocarpa hedge was estimated by the witness to be 10 feet, sloping to five feet at the intersection.

Evidence was also given by Constable Donald Fraser Ross, who produced a plan of the locality where the accident occurred, and who reported the results of observations he had made regarding visibility from different distances on the two roads. After a short retirement the jury returned . with a verdict of not guilty.

FAILED TO STOP* AFTER ACCIDENT

Reginald John Roe (Mr C. S. Thomas), was found guilty on a charge that he failed to stop and render all practicable assistance to an injured person after he had been involved in an accident, but the jury asked that his Honour should take into consideration the fact that the accused had returned to the scene of the accident.

“This is not a bad case, and I have no intention whatsoever or sending the accused to prison,” said his Honour. “Something must be done in the public interest, and in the meantime I will admit the accused to bail in his own recognisance. and he will be remanded until February 19.” Leslie Harris said in evidence that he had been cycling on Moorhouse avenue about 2 a.m. on October 14. He had been quite near the gutter, and had heard a car coming behind him. He had then gone further towards the gutter. He remembered no more until he regained consciousness on the way to the hospital. The speed of the motor-car driven by the accused was estimated* at 40 miles an hour by Maurice George Burnett, who said he had seen the vehicle hit the cyclist and then drive on. Alexander Mitchell said In evidence that he had been sitting in a motor-car in Moorhouse avenue about 75 yards ahead of where the accident occurred. His attention had been attracted by a crash and when he turned he saw a cloud of dust and a motor-car, which slowed down to about 10 miles an hour, and then accelerated and went on. He took the number of the car and was able to describe it to the police. An examination of the roadway was made by Constable Donald Fraser Ross, who said in evidence that he had been unable to Tnd any sign of brake Near a bloodstained mark on the road he had found three pieces of metal from a motor-car. From the number supplied by the witness, Mitchell, he had traced the motor-car to the accused, who had admitted ownership. The bonnet ana the radiator grille of the accused’s vehicle had been removed, but when the witness examined the motif attached to the radiator, he found that one piece of metal taken from Moorhouse avenue fitted a chip from the motif. The accused had stated that he had been back to the scene of the accident. The accused had been unaware of the accident until he examined his car the next day. Mr Thomas said. He had gone back to Moorhouse avenue on two occasions. and had telephoned the hospital in an effort to find out if anyone had been injured on the previous night, when he returned to his home he was arrested. His actions after the accident had been those of an innocent man. and it was suggested that he did not know he tod been involved in an accident until he saw his motor-car on the following day.

ACCUSED FOUND GUILTY Leonard Francis Gillespie (Mr D. J. Hewitt) was found guilty of receiving four electric batteries, knowing them to have been dishonestly obtained, and guiltt of breaking and entering the shop of Douglas Huntly Baird with intent to commit a crime. The accused was found not guilty of breaking and entering the count-ing-house of Sonotone (N.Z.), Ltd., and committing theft therein. Aline Segar said she was the Christchurch representative of Sonotane (N.zj. -Ltd., and her office and storeroom were in the Regent Buildings. At noon on October 6 she had closed the PJ®™*®® 8 : but on the Monday morning had the door broken down. Five batteries used in hearing-aid devices and £2 15s 2d in money had been stolen. The four batteries produced were the same type as those stocked by her firm. Evidence was given by Harold John Carr that he had met the accused and two other men in Cathedral square tober 6. The accused bad asked hun to go towards Regent Buildings, as he wanted to get into some place theigbut the accused had gone alone and retumea after about 15 minutes. With the accused and other persons the witness had later visited” a hotel, and there the accused had shown him some batteries similar to those produced in Court. Detective Thomas Thomson said in evi dence that he had visited the accused s home on October 25. In the accusedls room there were four batteries, and ac cused had said that he had bought foe batteries at Charles Begg and Company. Later he returned to the bouse, and the accused then had two of the batteries in his room and the other two were in a rubbish tin. All wer® "jutilated. Evidence of an inspection of the* P£®|J ises broken into was given by Detective George Walter Alty, who later went to the accused’s home, when the accused stated that he had Purchased foe battens at Charles Begg and Company, but later said he had bought them from a man in a r?e c! proprietor of the Belvedere Tearooms. Colombo street. Douglas Hunt.y Baird, said he was in ‘be storeroom of his shop at 3.30 p.m on October 27 when he heard a crash of glass from his bath room window On going to the door or the bathroom he saw the at the window He chased tne ac SSed caught him. and escorted himi back to fop shop The accused bad offered him £2. To gain access to the window it was necessary to climb over a six-foot high ir ™ors a *ble Noel Webster Wylte who.went to the shop and arrested the.accused, said the accused was sober at foe ume.