DEATH OF CHILD CYCLISTS

Press, Volume XCII, Issue 27733, 10 August 1955, Page 14

DEATH OF CHILD CYCLISTS

CHARGE OF FATAL NEGLIGENCE MOTORIST ACQUITTED The evidence fell short of establishing negligence, said Mr E. A. Lee, S.M., in the Temuka Magistrate’s Court yesterday, when he dismissed three charges against William David Skelton, a jockey, of Arundel. The charges <rere that on June 6 he drove negligently, causing the death of Patricia Morland; negligent driving causing the death of Neil Thomas Morland; and negligent driving causing injury to John Michael Morland. Sergeant C. J. R. Bisset prosecuted, and Messrs C. S. Thomas and B. J. Petrie appeared for Skelton, who pleaded not guilty to all the charges. Sergeant Bisset said that at 10.50 p.m. on June 6 the three children were cycling north on the Main North road. Patricia Morland was riding a girl’s small bicycle, and John Morland was riding a boy’s bicycle with his brother on the bar. Both bicycles had small battery lamps, but no tail-lights. The girl’s bicycle had a reflector and Scotch tape, and the boy’s bicycle had Scotch tape on the rear guard. Sergeant Bisset said that according to Skelton he had been driving north at a speed he estimated between 25 and 30 miles an hour. In the accident Patricia and Neil Morland had died from injuries. John Morland had suffered lacerations of the calf of the right leg, lacerations of the right ear, and bruises. Magowan Chisholm, owner of a restaurant, said the children, whose mother worked in the shop, had come down for fish and chips, which they had taken away with them. The children were not usually riding on the main highway at that time of night, but went home by taxi. George Edward Palmer, a vehicle inspector of the Transport Department, said he examined a motor-car at the Timaru police station. The steering rod ends were in poor condition, the right headlight was too low for good visibility, and the hand brake was not even in its application. He knew the car had a warrant of fitness. Skelton was sober; there was no «mell of liquor on his breath, and ne was in a shocked condition almost in a state of collapse, said Constable C. zl. Cooper. Mr Thomas, who said he would not call evidence, submitted that there was no case to answer. From the defendant’s statement he did not see the children until the accident had happened. The evidence of the police disclosed nothing more than that the children were riding somewhere on the road. The accident might have ‘been caused by negligence on the part of the defendant, but it also might have been caused by negligence on the part of the children in suddenly turning across the road. As there was no evidence of what had happened, could the Court convict? Dismissing the charges, the Magistrate said there was no evidence fixing the position of the cyclists before the accident.