PLEA OF NOT GUILTY

Press, Volume LXXXIII, Issue 25243, 23 July 1947, Page 9

PLEA OF NOT GUILTY

DEATH OF BOY AT NEW BRIGHTON

MOTORIST COMMITTED FOR TRIAL Two further witnesses were called by the prosecution when the hearing was resumed in the Magistrate's Court yes- • terday of the charge against Norman Cyril A. Muirson. joinery manufacturer, that while in a state of intoxication while in charge of a motor-car fn Seaview road. New Brighton, on June 28. by an act or omission, he caused the death of Richard Edward Forward. After hearing submissions by Mr W. R. Lascelles, counsel for the accused, Mr Raymond Ferner. S.M.. said he proposed committing the accused to the Supreme Court for trial. Muirson pleaded not guilty and was committed for trial to the next session of the Supreme Court. Constable D. F. Ross, giving evidence, said that the point of impact, as pointed out to him by the witness. Priest, was 9ft into the road from the kerbing and 10ft 3in west from the end of the culvert. From the point of impact to the gouge marks on the road the distance was 9ft 4in. Witness described the damage to the bicycle .ridden by Forward. There was no red reflector on the bicycle, and in a search of the roadway, he failed to find one. There was no headlamp attached to the bicycle. On June 30 he and another constable tested the accused’s car. On a flat bitumen surface the stopping distances were 26Jft and 31ft when the foot-brake was fully applied, with the car travelling at 20 miles an hour. At 25 miles an hour. the stopping distances were’4sjft, 49Jft, and 52Jft. At 30 miles an hour the stopping distances were 90ft and Oljft. The car was inclined to veer to the right when the foot-brake was applied. To Mr Lascelles witness said that when the headlights were put on the dip the right light went out. leaving the left light and two parking lights. This was inclined to be dangerous to oncoming traffic. There was no mark to connect the indicated point of impact with the gouge marks on the road. Constable A. V. Brown described the damage to the car and corroborated the evidence of the previous witness on the tests on the car. Mr Lascelles submitted that the evidence for the prosecution negatived the charge of intoxication. There was not any act or omission relating to intoxication. which caused the death of the boy Forward. Court’s Function The Magistrate said that the accused appealed before him on a certain information charging him with a certain indictable offence. It was not the function of the Magistrate to try the case. He had simply to be satisfied there was evidence to send the accused on trial before a judge and jury competent to try him. If there was such evidence he .must commit the accused for trial. If the evidence fell short of a certain standard he must discharge the accused. He was of opinion that this was a case which should go to a jury and the accused would be committed for trial. Corner’s. Verdict In the Coronial inquiry, which was conducted contemporaneously with the hearing of the charge against Muirson, his verdict would be purely a factual one, said Mr Ferner. His verdict was that Richard Edward Forward died on June 28, the cause of death being shock resulting from injuries to the brain received by Forward when he and the cycle he was riding were struck by a car driven by Muirson. Bail wps renewed in Muirson’s own recognisance of £2OO, and one surety of £2OO or two sureties of £lOO each. On the application of Senior-Sergeant G. H. L. Holt, the charge against Muirson of being found in a state of intoxication while in charge of a car was adjourned sine die.