Power-Cyclist’s Death; Driver Found Negligent

Press, Volume XCIII, Issue 27990, 9 June 1956, Page 12

Power-Cyclist’s Death; Driver Found Negligent

MAGISTRATE’S COURT

The view that bicycles fitted with motors were probably one of the most dangerous forms of vehicle on the road was expressed by a police witness before Mr Raymond Ferner, S. M., in the Magistrate’s Court yesterday, when John Alfred Erickson, aged 21, a farm hand (Mr R. A. Young), appeared on a charge of negligently driving a motor-car, thereby causing the death of Raymond Alfred Robert Kirk, a power-cyclist, on February 25. The charge was a result of an accident on the corner of Mairehau and Burwood roads in which Kirk suffered severe head injuries.

Erickson was convicted and fined £2O, and his licence was cancelled for six months.

“At 7.45 p.m. on February 25, Erickson was driving his car north on Burwood road, and as he approached the Mairehau road intersection he says he slackened to 25 to 30 miles an hour,” said Sub-Inspector J. H. Halcrow. “He did not see any traffic, and proceeded to cross the intersection.” “When half-way across, he noticed the power-cyclist some 10ft in front and slightly to the right. He applied the brakes, but was unable to avoid a collision. The power-cycle .was thrown about 45ft forward, and the rider was carried forward on the bonnet of the car. As a result of his injuries Kirk died in hospital at 1.45 a.m. on February 26.”

L. Wilkinson. employeci as a chemist on the Government Analyst's staff at the Dominion Laboratory, said in evidence that he examined body specimens and detected the presence of .005 per cent, of alcohol in the urine of Kirk, and .04 per cent in the brain. John Henry Reardon, a company representative, said he was about 75 yards north of the intersection when the accident occurred. It was almost dusk, but he saw both vehicles as they were approaching the intersection. In his opinion both vehicles were travelling at an excessive speed.

Constable G. Swan, who went to the accident, said that much trouble had been encountered with power-cycles involved in accidents. In his opinion, they were probably the most dangerous vehicle on the road, with the frame and brakes not suited to a motor. “Bicycles were never made to withstand the stress imposed by motors,” he said. “Kirk’s cycle’ could have had no front brake at the time of the accident, and oil leaking on to the back-pedalling brake could have rendered it inefficient.”

The witness said that to the best of his knowledge of Kirk’s intentions on the evening of the accident, he intended to turn right at the intersection.

“I submit the accused was negligent only in that he failed to keep a proper look-out, ’ said Mr Young. “From the evidence of Constable Swan it appears that Kirk intended to turn into Burwood road With a bicycle in its condition, the speed was excessive, and such a bicycle is a menace on the roads. A bicycle is not designed for the speed which can be attained with

the motors and the brakes were designed only to meet the force of human propulsion.” “It may be very well that the defendant was not solely responsible for the death of Kirk, and there is ground to believe that Kirk himself was guilty of conduct contributing to the fatal result,” said the Magistrate. “There has been no conflict of evidence in the case, and we have the benefit of the evidence of eye-witnesses. “It seems that Kirk’s intention was to turn right into Burwood road, and that he gave no signal, but I must find the defendant negligent in that he did not keep sufficient lookout to the right.” (Before Mr Rex C. Abernethy, S.M.) UNLAWFULLY ON PREMISES “You had better leave whisky alone,” said the Magistrate when Norman Cameron, aged 38, a workman, appeared on a charge of being found without lawful excuse in a house at 11 Chapel street, Papanui. occupied by Ivy Mary Clarkson. Sub-Inspector C. H. Reardon said that the complainant had rung the police on June 7 about a man being in her house. When a constable went to the house, he found the 1 door forced and the accused sitting inside drinking beer. “The only excuse he offered was that he was a friend of the complainant’s husband, and that he was ‘full of whisky’.” Cameron was convicted and fined £5. SHIP DESERTER Because of a police raid on a two-up school at the Ocean Beach freezing works, Robert Freeman Wiltshire, aged 27, a ship’s steward (Mr C. L. Roper) was found to be a deserter from the Tamaroa. He had left the ship on December 9, 1950 “In view of the accused’s good conduct while he has been in this country, an application has been made to the Minister of Justice to allow him to remain in New Zealand.” said Mr Roper. The accused was released on probation for two years under the Shipping and Seamen Act, which provides that he can be deported at the first opportunity, subject to the reply from the Minister. REMANDED Bail was refused when Victor Julius Edwardson, aged 28, a motordriver (Mr C. L. Roper), appeared on a charge of breaking and entering the premises of Tasman Empire Airways, Ltd., Cathedral square, and committing theft. The accused was remanded to June 14. Ashley Mercer Sellars, aged 23, of no 'fixed abode, was remanded to June 11 on a charge of being a rogue and vagabond at Lyttelton on June 6, having previously been convicted of being idle and disorderly at Hamilton on December 22. 1954. “The accused went into the police station at Lyttelton and asked to be locked-up because he was drunk,” said Sub-Inspector C. H. Reardon.

“After inquiries were made, it was found that he had been given £l6O by his father when he left Invercargill, but. he had gone through practically all of it with drink.”

When asked by the Magistrate whether he wished to spend a week with the Salvation Army, the accused said he would rather go to prison. Edwin Morris Robinson, aged 19, a workman (Mr B. J. Drake), was remanded to June 14 on a charge of assaulting Ngaire Ivy Barker on June 7. Bail was allowed in the accused’s own recognisance of £lO and one surety of £lO, on condition that he report daily to the police. Edward Murray Moore, alias James Andrew Thompson, aged 17, a workman, was remanded to June 14 on a charge of stealing cheques and money valued at £233 9s sd, the property of VerduHi Faith Anderton. Moore was also charged with a breach of probation on April 11. William Robertson Lang, aged 61, a press agent (Mr R. Twyneham), was remanded to June 18 on a charge of driving a motor-vehicle in Tennyson street on June 7 while under the influence of drink or drugs. Bail was allowed at £25 in the accused’s own recognisance and one surety of £25. TRAFFIC OFFENCES Traffic offenders prosecuted by the police were fined as follows: No warrant of fitness: Clarence William Arneson, 20s; Robert Alan Black, 20s; Evelyn Joyce Lester, 20s; Bernard Ray Liddicoat, 10s; Donald Lester McJarrow, 10s. No driver’s licence: Colleen Vera Eden, 20s. Driving in a dangerous manner: Peter Thomas Briggs, £5 and licence suspended for six months; Andrew Purdie, £5 and licence cancelled for one month. Riding cycle without light: David Anthony Burns, 10s (no rear ‘ red light, 10s); Terence Joseph McDonald 20s. Failing to give way: Graham Lydney Crotty, £3; Phillip Roy Mauger. £5: Mabel Anita Soper, £3; James Sinclair Swanson, £4; William Frank Wallis, £3; Harvey Were, £3. Driving without due care and attention: Lester Frederick Evans, £3, Evelyn Joyce Lester, 20s; lan Lawrence Ford, 20s. Driving without consideration: Bruce Charles Gordon, £4. Negligent driving: Walter Albert Huxtable, £lO and licence cancelled for one year.