DISMISSAL OF CHARGE

Press, Volume LXXXVI, Issue 26125, 30 May 1950, Page 3

DISMISSAL OF CHARGE

ALLEGED NEGLIGENT DRIVING ACCIDENT ON RICCARTON ROAD A charge of negligent driving causing injury, preferred against John Charles Paterson (Mr C. S. Thomas), aged 22 years, a grain agent, of Hawarden, was dismissed in the Magistrate's Court yesterday by Mr F. F. Reid, S.M., on the ground that no jury could reasonably convict the accused on the evidence that had been placed before the Court. Paterson was charged that on April 8 he negligently drove a motor-car on Riccarton road causing injury to David Irvine. Senior-Sergeant J. J. Kearns prosecuted. An inquest into the death of Irvine, who died in hospital after the accident, was heard in conjunction with the charge. Audrey Noeline Elizabeth Naismith, a student, aged 16 years, said that she and her brother had been passengers on the Riccarton tram which left Cathedral square about 8.40 p.m. on April 8. When the tram stopped at Waimairi road she and her brother got off the back and she saw Irvine ■go to get off at the front end. As soon as they got off the tram she and her brother crossed over the road from behind the tram to the footpath by the grocer’s store. From there the}’ crossed Waimairi road on a.i angle, to the Bush Inn Hotel corner. Just after they had reached the footpath there they heard the screeching of brakes. They looked around and saw a car pulling up and a man lying down on the road. They did not return to the scene of the accident, but called at the Upper Riccarton police station to inform the constable.

Police Evidence Sergeant O. D. Wilkes said that when he saw the accused after the accident he showed signs of having ta en liquor. He was examined by Dr. F. L. Scott, who pronounced him fit to drive a car. Accused had given him an explanation. He said that about 9.10 p.m. he was driving the car towards Christchurch on the Yaldhurst road, with three passengers. H? turned half left to go east along Riccarton road. After passing a tram going west along Riccarton road he suddenly saw a figure walking straight, across the road to the north side of the road. He swerved violently to the left, but could not avoid hitting him. He was struck by the righthand front mudguard. Norman Patrick Alcorn. Government Analyst at Christchurch, said that he had examined a specimen of Irvine’s blood, and found that there was .18 per cent, of alcohol in it. To Mr Thomas he said that from the quantity of alcohol in the specimen Irvine would have been somewhat under the influence of alcohol at the time of his death. The Magistrate found in accordance with evidence given by Dr. Arthur Bushby Pearson, who conducted a post-mortem examination, that Irvine had died from shock, following a fracture of the skull and intercranial hemorrhage, the injuries having been sustained when he was struck by a car driven by the accused. After the police evidence had been completed Mr Thomas submitted that there was no evidence of negligence to justify the case being sent to trial by jury. The Magistrate said that it was his duty to dismiss the charge unless the evidence placed before the Court was sufficient for him to take the view that the jury might reasonably come to the conclusion that the accused could be convicted. There was possibly evidence of speed, but only by deduction from the accused’s own statement and from the skid marks at the scene of the accident, which had been measured at 70 feet. Tests had shown that the car stopped in 51ft 6in at 30 miles an hour, but those who had done the testing had had their minds directed to what they were going to do. and the time lag would be considerably less than that of the accused. There was no direct evidence from the skid marks that accused had been travelling at an excessive speed. If the children had had an opportunity to cross Riccarton road and Waimairi road before they heard the screech of brakes, so had Irvine. It was difficult to understand what he had been doing during that time. A likely theory on the weight of the evidence was that he had been slightly fuddled with liquor, that he had delayed crossing the road for sorpe time, and had then shot across in front of oncoming traffic.