SUPREME COURT AT TIMARU

Press, Volume LXXXIV, Issue 25552, 21 July 1948, Page 6

SUPREME COURT AT TIMARU

NEGLIGENT DRIVING CHARGE CHRISTCHURCH MAN ACQUITTED Eric Wilson Ovens, aged 32, married, of 26 Ryan street. Linwood, employed as a packer at Ballins’ Breweries, who appeared for trial at the Supreme Court, Timaru, before Mr Justice Fleming, yesterday, on a charge of negligently driving a car so as to cause the death of John Harry Bailey, at Timaru. on May 22, was acquitted after the jury had retired for 17 minutes. ! There was no evidence of Ovens driving erratically, of intoxication, or of the liquor consumed affecting his driving, said Mr D. W. Russell, who appeared for Ovens, addressing the jury after evidence had been heard. The Crown was hampered because, of those who could give evidence of accused's driving, one was dead, one had been drunk, and could not remember, and the other was the accused, who said he could remember nothing, said his Honour. summing up. “The thing that has to be explained is how this man got on his wrong side and how he mounted the footpath.” said his Honour. There was scarcely enough evidence from which to draw inferences. While the par- travelled 88 feet after mounting the kerb it was suggested on the evidence of a mechanic, that the surface of the footpath being soft and greasy, if the brakes had been apolied. the car might have skidded There was evidence that accused had made some effort to reduce the speed of his car. it being found ir. second gear. "It is for you to consider whether there is sufficient doubt to bring down a verdict of not guilty.” said his Honour.