Motorist Acquitted On Fatal Negligence Charge

Press, Volume XC, Issue 27426, 12 August 1954, Page 5

Motorist Acquitted On Fatal Negligence Charge

Leonard James Pavletich, aged 47, a storeman, was charged in the Magistrate’s Court yesterday that on May 23 at Bankside he negDgently drove a motor-car on the Main South road, thereby causing the death of David Alexander Busch. Pavletich pleaded not guilty. The charge was dismissed. An inquest into Busch’s death was held in conjunction with Xhe hearing. A verdict that Busch died from multiple injuries suffered as the result of his being struck by a motor-car driven by Pavletich was returned. Mr L. N. Ritchie, S.M., was on the Bench. Accused was represented by Mr M. D. Hodgins. Mr F. P. Hill appeared for Busch’s widow, and Mr R. Twyneham for the South Island Motor Union Mutual Insurance Association. Sylvia Norma Shaw said that she and Busch were cycling from Dunsandel to Bankside early on the evening of May 23, when the chain came off Busch’s bicycle. Busch took the lamp from his cycle with one hand and put the chain back with the other. She thought it took him about a minute to adjust the chain. She had ridden on about 10 yards when she heard a crash. She thought it would be in the middle of the road where Busch replaced the chain.

To Mr Twyneham witness said that Busch was very tired as he had not got to bed until 4.15 a.m. that morning. He had been drinking during the night and about 10 o’clock in the morning vzent to the hotel. He returned about 2.30 p.m. Neither she nor Busch had rear red lamps on their cycles. William Logan Doyle, a farmer, of

Ruapuna, said that about 7.30 p.m. on May 23, he was driving south between Dunsandel and Bankside. Visibility was good. Witness saw a car approaching. Both cars dipped their lights. Saw Cycle Light Witness said he then saw a cycle light either on the edge of the road or on the shingle. It started to move to the middle of the road. The light appeared to cross both headlights of the approaching car. Witness swung his car on- to the shingle and the cycle light appeared to straighten up. It was at this moment that the impact between the car and the cycle occurred. The point of impact was about three feet inside the white line on the cyclist’s side of the road. There was a distance of about a quarter or half a chain between the two cars when the collision occurred, witness said. Accused said something about not having seen the cyclist. He was perfectly sober but upset. Witness woula say that accused’s speed was not excessive. . Constable William Macdonald Ramage, official police photographer, produced photographs of the scene of the accident. Dr. Eric Candy, of Rakaia, said he examined Busch at the scene of the accident. He was dead and the cause of death seemed to be, on external examination, due to multiple injuries. Leslie Wilkinson, assistant Government analyst, said he had examined exhibits he had received from Dr. Pearson. The blood contained . 170 milligrammes of alcohol, a millilitre, the brain 160 milligrammes, and the urine 140 milligrammes. Mr Hodgins: What conclusion would you draw of the state of Busch? Witness: I would say Busch had consumed alcoholic beverages of some kind and had taken a substantial qi Dr. Colin Thomas Bushby Pearson said he had performed a post-mortem examination on Busch’s body and ascertained the cause of death to be due to multiple injuries. To Mr Hodgins witness said that Busch, from the analyst’s report, showed signs of having had intoxicating liquor. “He was at the stage where his judgment would have been considerably affected. He would not have been fit to be in charge of a vehicle,” he said.

Constable’s Evidence Constable Allan John Adams, of Rakaia, in answer to a question from the Magistrate, said that from the nature of the remarkably small amount

of damage to accused's car he woul 4 not say that the car had been driven fast. Accused had told him he had been dazzled by oncoming lighte Constable William George Smith, of Christchurch, said that in a statement made by accused he had said that nis speed was about 40 miles an tour. In evidence Pavletich said he haa been travelling with his wife between Bankside and Dunsandel when he struck the cyclist The accident ha P* pened so suddenly that Busch there and then he was there. could not recall saying that he naa been dazzled by oncoming traffic. “On all the f aots, Busch brought about his own doom,” said Mr Hodgins. He was not in a fit state to be m charge of a bicycle, and he gave the driver no chance to avoid him.” To a question by the Magistrate. Senior-Sergeant A. B. Collintfe, who prosecuted for the police, said that bis case rested solely on the evidence of Constable Adams concerning accusea having said that he had been dazzled. “Defendant could have been momen* tarily dazzled by Doyle’s dipped pfihts when he bumped over a-alight rise <u to 80 yards from the scene of the accbj dent as shown in the protographs, said the Magistrate. “I do so with some hesitation, but the accused mun be given the benefit of the doubt, said the Magistrate, dismissing the Charge.