Truck Driver For Trial On Charges Of Capsing Death

Press, Volume XCVII, Issue 28766, 11 December 1958, Page 13

Truck Driver For Trial On Charges Of Capsing Death

Peter Charles Boon, aged 25, a truck driver (Mr P. G. S. Penlington), was yesterday committed to the Supreme Court for trial on two charges—that on November 14 at Halswell, while driving ■ under the influence of drink or , drugs, he caused the death of •Robert Bailey, and that he drove I negligently, causing Bailey’s I death. He appeared before Messrs (L. C. Fulford and L. H. Petrie, I Justices of the Peace, in the I Magistrate’s Court, and pleaded not guilty. Senior Detective-Sergeant J. B. I McLean, who prosecuted, said that .Boon faced two separate charges, !but these would probably become I alternative charges if he was committed to the Supreme Court for trial. Ellesmere John Stalker, a farmer, of Greenpark, said he exhibited cattle at the Canterbury Agricultural and Pastoral i Association’s show on November 114. He arranged with W. A. Habjgood, Ltd., to transport some of the cattle back to his farm, and he took the rest in his own truck.

I During the afternoon, Boon told him he was one of Habgood’s [drivers, said the witness. He asked I Boon to load the cattle as soon •as possible after the grand parade. (He formed the impression that Boon had been drinking from the way he discussed the matter. Later he saw Mr Habgood and asked why the truck had not been backed up to the loading ramp. He found Boon in the cattle pavilion, ana Boon said he could not load the truck as David Habgood had possession of the keys. The witness said he saw Boon load the truck with its own equipment, and he appeared to do the work efficiently. He went home, and *his son arrived with their truck at 5.30 p.m. He waited for half an hour for Habgood’s truck to arrive, and then telephoned the company’s office at Lincoln. Habgood’s truck arrived at 6.45 p.m., and it was driven by a man named Fitzgibbon. The front right- mudguard of the truck was badly damaged.

Accident Described John William Cameron, aged 12, a schoolboy; said he went to the show and saw Boon, whom he knew, loading cattle on to one of Habgood’s trucks. About 5 p.m., he left in his father’s car to go home and saw Habgood’s truck parked nearly opposite the Halswell Hotel. His father stopped the car about a quarter of a mile away while he went to a shop. He was seated in the car when he saw Habgood’s truck go past towards Tai Tapu at 30 to 35 miles an hour. The truck pulled out to pass two cars, said the witness. The truck was wide out and nearly on the grass verge on the wrong side of the road when passing the second car. It hit something, and a man was flung into the air and into the ditch. Boon swerved almost hit a pole, and then straightened up. The witness went to the scene, and saw a motor-cycle on the side of the road and the rider lying in the ditch. Boon came back in the truck, which was damaged. She was driving her husband’s car after the rates and stopped at Smith’s shop in Halswell, said Mrs Mabel Ella Iris Williams. After shopping, she got .in the car and drove towards Tai Tapu. Just as she pulled out,, she noticed a truck coming around the bend behind her. It was about 50 yards away when she first saw it in the rearvision mirror. A motor-cyclist was travelling the other way towards the city. The motor-cyclist was on his correct side of the road, near the edge of the bitumen, and was travelling slowly. When the truck passed her car it was so far over on the right that there was room for another car to pass between her vehicle and the truck, the witness said. As the truck passed her it appeared to move even further over to the right, and it hit the motorcyclist about 10 yards in front of her car. The truck then came over on to its correct side of the road, went along the grass footpath, just missed a telegraph pole,

and then went baJc on to the bitumen. The truck did not stop. The witness said she stopped her car and ran back 50 yards to the scene of the accident. She was the first person on the scene, and the rider of the motor-cycle was lying unconscious in the gutter. As the truck returned, she noticed it was weaving. Boon got out of the driver’s seat. Estimate of Speed John Graeme Goulding, a farmhand, of Greenpark, said he was a passenger in the car driven by Mrs Williams. He estimated the speed of the truck as it approached as 40 miles an hour. The speed increased to about 45 miles an hour as it was passing. When the truck returned after the accident he heard Boon say to himself: “This b well would have to happen to me.” Donald lan Lorking, a plumber, said he was driving towards Christchurch along Halswell road when he saw a large yellow truck approaching him pull out to pass a car. He saw the accident take place, and when the truck passed him he assumed it was out of control and he gave chase. The truck appeared to slide after the accident and was then over-cor-rected. During the chase he was travelling “fairly fast’’ and the truck “was not wasting any time.” He was about to overtake the truck* which had left the main road and had turned into Candy’s road, when it pulled up 50 yards short of an intersection. He went back and asked Boon whether he knew he had been involved in an accident, said the witness. Boon, who was hesitant in his speech, replied that he had not felt any bump. Boon was unsteady on his feet. The witness told him he should return immediately to the scene of the accident. Boon drove the truck back slowly and reasonably steadily. At 5.25 p.m. he went with Con-

accident in Halswell road, about 200 yards south bf the intersection of Sparks road, said Constable A. E. V. Yaxley. Boon told him he was passing a car which had pulled out from the curb without giving a signal when the accideiit happened. Boon said: “I know I’ve been drinking. I’ve had about six beers.” The witness said he considered Boon -was badly intoxicated and not fit to be in charge of a motorvehicle. Boon was arrested and taken the Central Police Station. ■ .

Constable M. R. Banks said that he found yellow paint flakes on a pole which indicated that it had been struck by the truck. He asked Boon why he had hit the pole and why he had not stopped after the accident. Boon replied: ‘‘l was a mile off the pole and I did not know I had collided with a motor-cycle.” Boon admitted having had six beers, and; said: “That’s beside the point. Two beers make me, silly anyway.”

Dr. F. L. Scott said he examined Boon at the Central Police Station at 6.5 p.m. and found him to be unfit to be in charge of a motor-vehicle. He had known Bailey for about nine years and had identified the body, said Norman Dewe, a storeman. Bailey was aged about 56 and lived in Armagh street. He was employed as a commercial artist.

No trace of alcohol was found in the specimen of Bailey’s blood he had examined’, said Dennis James Hogan, a chemist employed by the Dominion Laboratory. In committing Boon for trial, the Bench granted him bail of £lOO with one surety of £lOO, and ordered him to report twice a week to the police at Lincoln.