CYCLIST’S DEATH

Press, Volume LXXXVI, Issue 26126, 31 May 1950, Page 3

CYCLIST’S DEATH

NEGLIGENT DRIVING CHARGE MOTORIST COMMITTED FOR TRIAL From Our Own Reporter TIMARU, May 30. John Geoffrey Fulton Barnett, married, aged 24, a stock agent, was charged with negligent driving causing injury to Bernard William Breen, a joiner, aged 20, before Mr E. A. Lee, S.M., in the Timaru Magistrate’s Court to-day. Barnett pleaded not guilty, and was committed to the Supreme Court at Timaru for trial. Senior-Detective J. W. Hill prosecuted. and Mi* J. P. Stiven appeared for Barnett. Senior-Detective Hill said that with Detective-Sergeant F. R. Hearsey, he had inspected accused’s car, number 222176, at a panel beaters. He decided the marks were consistent with its having been in contact with a bicycle ridden by Breen. When first interviewed at the police station accused said the damage was caused by hitting a post. Accused denied being involved in an accident. He admitted driving along the Pleasant Point road at the time of the accident, but denied stopping at any stage. Witness showed marks on the car to accused, who said: “There is only one thing to it. I must have hit him.”

When motoring towards Washdyke on the Pleasant Point road about the time of the accident, he saw a black car pass, and saw the first three figures of the number plate, 222, said Lawrence Greenwood. He took the number because he noticed the high speed of the car.

Constable T. R. Williams described how minute pieces of wool fibre found adhering to the damaged car were later found to be identical with those of Breen’s coat.

Sergeant John Bainbridge Kearton, a police photographer, gave evidence of photographing skid marks where they first appeared on the road. The bicycle was found 45 feet beyond the skids towards Washdyke on the north side of the roadway, and the body 55 feet further on. The drag marks along the grass from the edge of the metal, where the bicycle was found, to where the body was found, were clearly visible a week after.

William John Gallagher described how, when motoring towards Washdyke, he found a damaged bicycle on the side of the road and the body of Breen some distance away. He would have had difficulty in seeing the body if he had not had his attention attracted by a kit bag on the road. Dr. G. H. Ussher said he found Breen lying alongside the hedge. He would say that death had been instantaneous, caused by extensive damage to the spine. It would not have been possible for Breen to crawl a distance of 55 feet from where the bicycle was found.

Bail was allowed in the sum of £lOO and two sureties of £lOO each.