INFORMATION DISMISSED

Press, Volume LXXXIII, Issue 25248, 29 July 1947, Page 3

INFORMATION DISMISSED

CHARGE OF NEGLIGENT DRIVING

FATAL ACCIDENT AT WEST MELTON

A charge against a motorist of negligent driving was dismissed by Mr Raymond Ferner. S.M., in the Magistrate’s Court yesterday.

Alexander McGregor Donaldson, a motor mechanic, aged 39 (Mr R. A. Young), was charged that on May 16, on ‘the Main West Coast road at West Melton, he drove a motor vehicle negligently, thereby causing the death of Thomas McIlwraith, a retired farmer, aged 82. Mr E. M. Malley appeared for the relatives of Mcllwraith. Evidence of last seeing his father alive about 8 p.m. on May 16, when' he left; his home to walk to the West Melton Hall, was given by Leslie Henry Mcllwraith. His father had lived in the district for 40 years, and regularly attended functions in the hall, the witness said. He usually walked on the left side of the road. To Mr Young, the witness said his father was very hard of hearing. He was wearing a dark overcoat. Police Evidence Evidence for the police was given by Sergeant J. B. Kearton. official police photographer, and Constable D. F. Ross. To Mr Young, Constable Ross, who produced measurements of skid marks on the road, said it appeared that the truck driven by the accused never left the bitumen. From that fact it seemed that Mcllwraith had been on the bitumen when he was hit. The gravel on the edge of the road was not rough, and it would be possible for a person to walk on it. Sergeant E. T. C. Broadley read a statement made by the accused, in which he said he had been travelling east along the road about 30 miles an hour on the correct side. The headlights were full on as his car approached the West Melton Hall. Another vehicle came round the corner with its lights shining brightly. Donaldson dipped his lights, but the other vehicle did not. Donaldson then saw a dark object appear in front of him. He struck it before he could pull up. No other person saw the accident, and he did not know what happened to the vehicle with the bright lights. Dismissing the charge, the Magistrate said; “The accused’s explanation of being dazzled is not improbable, his statement is not contradicted by any evidence nor impugned in any way. I do not think this is a case in which a jury would be at all likely to convict even if it got so far.”