Magistrate’s Court ACQUITTED ON CHARGE OF FATAL NEGLIGENCE

Press, Volume XCIX, Issue 29339, 19 October 1960, Page 15

Magistrate’s Court ACQUITTED ON CHARGE OF FATAL NEGLIGENCE

Holding that there was not sufficient evidence to commit Frank Robert Sutherland, aged 28, for trial on a charge of negligent driving causing death on July 21. Messrs W. E. Olds and N. J. G. Speary, Justices of the Peace, in the Magistrate's Court yesterday, discharged Sutherland after submissions had been made by his counsel. Mr G. S. Brockett. The charge arose from an accident in which the truck Sutherland was driving struck a 69-year-old woman, Amelia Lizzie MacPhail, while she was crossing the road outside her house to catch a bus, on the Main North road one mile north of the Waimakariri traffic bridge.

George Hector McDonald, said he was driving a bus north along the Main North road and was following about 100 to 150 yards behind Sutherland’s truck. Driving conditions were very bad because the direction was into the sun.

McDonald said that about a mile north of the Waimakariri bridge he saw Mrs MacPhail leave her gateway and begin walking directly across the road. "As die was walking across I thought it unusual that she was attempting to cross the road in front of the truck,” said McDonald. He said he saw her disappear from view in front of the truck. She was then thrown to the grass verge on the left of the road and simultaneously he heard a squeal of brakes being applied and the truck swerved violently to the right. McDonald said the defendant told him at the scene that he had not seen the woman crossing the road. He said he thought the defendant mentioned the sun shining into the truck as being the reason he did not see her, and that he would have missed the woman if he had not been carrying a load of pipes. McDonald said the pipes protruded 12in to 18in in front of the truck after the accident. He estimated the truck’s speed at about 35 miles an hour before the accident. William Archibald MacPhail said his wife had been waiting to catch the bus to Rangiora. He had accompanied her outside and saw the bus coming about 400 yards along the road. He did not see anything else on the road. “I then left my wife and began walking back to the house. The last I saw of my wife she was starting to walk across the road. I then heard a squeal of brakes and turned to see the truck stopped on the right side of the road,” said MacPhail. He said he found his wife lying on the left hand side of the road. MacPhail said his wife could not walk as fast as other people because of her rheumatoid arthritis, but she could walk quite well.

Constable J. J. Highsted said the pipes on the truck protruded past the cab and front bumper of the truck. The defendant told him he did not see Mrs MacPhail until it was too late. He was attempting to avoid her by swerving to the right but the front end of the pipes struck her. “He told me he would have missed her but the pipes slid forward when he applied the brakes,” Constable Highsted said. In a statement allegedly made by Sutherland and produced by Constable N. E. Walker, he said he attributed the accident to the sun shinning into the truck, and the woman having attempted to cross the road "heedless of vehicles approaching.” (Before Messrs A. Henderson and J. C. Dann, Justices of the Peace) COMMITTED FOR TRIAL Evidence that the day after her home had been entered at Lincoln and about £l9O in money stolen from a writing desk she had made a search along the road and found pay envelopes in which the money had been kept, a 10s note, and a golf score card With the name of Ingram on it, was given by Grace Anne Reid. A charge of breaking into Reid’s house and committing theft was being heard against Howard Winston Ingram, aged 42, a soldier. He pleaded not guilty to the charge and elected trial by jury. He was committed for trial at the next sitting of the Supreme Court, and was remanded on bail. Ingram was represented by Mr R. H. Ludbrook, with him Mr G. S. Brockett. Reid said she left home with her husband and children at 6 p.m. on September 18. The back door was shut but not locked When they returned at 8.15 p.m. she found the back door. open, and an envelope which had been on the mantelpiece had fallen into a box of kindling wood. She went to her bedroom and found that about £l9O which had been kept in envelopes in a writing desk had gone. “Next day I walked along Hudsons road and found one of the pay envelopes—then I found a 10s note in a drain,” said Mrs Reid. She said she and her husband made a further search and found another envelope and the golf score card. Another envelope which had contained £l6B of the missing money was found in Hudsons road on September 25. She said that when she left home on the night of the theft she had seen a man standing, by the ditch in Hudsbns road. He appeared to be looking at the ditch.

To Mr Ludbrook she said she knew the envelopes were hers because they had her writing on them.

Doris Myrtle Schroeder said she had seen a small car in Hudsons road and also saw a man running from the direction of Reid’s house. Her daughter. Dorothy Myrtle Schroeder, who was with her at the time, said the man had been wearing a green windbreaker jacket Brian Bradlau Moir, a farmer, said his truck ran out of petrol half a mile from his homestead and he stopped Ingram’s car and was given a lift There wire some golf clubs in the car and Ingram told him he had intended going to a tournament at Tai Tapu but had gone to Akaroa instead. To Mr Ludbrook he said he had not seen any envelopes in the car. „ When questioned at Burnham Military Camp Ingram admitted that he owned a 10 horse-power car painted green, and that he had driven to Tai Tapu to play' golf on September 18 and had returned to Burnham by way of the Tai Tapu-Lincoln highway, said Detective J. P. Crozier.

Asked why he had told Moir he was returning from Akaroa Ingram told him he had said it “on the spur of the moment.” Ingram said he had definitely not stopped on the journey except to give Moir a lift Further questioned about the golf card which had been found in the grass Ingram said he must have stopped, and then said he stopped many times, and had had trouble with his car, said Detective Crozier.

He said that when told that a man in a green jacket had been seen running from the direction of Reid’s house, Ingram said he had never left the car but admitted that he had • been wearing a green jacket at the time, Detective Crozier said.

(Before Mr A. P. Blair, S.M.) TRAFFIC OFFENCES Of the traffic offences heard 44 convictions were secured through the use of the microwave speed detector. „ . The following offenders were fined on charges laid by the Christchurch City Council: — Exceeding 30 miles an hour: lan Thomas McDonald, £6; Alfred Albert Franklin, £6; George Anthony Rawstron. costs only; Robert Graeme Searle, £4; William Alfred Smith, £5; Francis James Banfield. £4; Samuel Boanas. £3; Frederick Edward Broom, £3; lan Neville Buist, £3 (no safety helmet. £2): lan Francis Burdon, £2; William Edmond Cheesman, £4; Raymond John Coates, £3; lan Duke Culpan. £3: Bernard Leonard Darby. £2. William H. Docherty. £3; Hi cl ?ard Arthur Edwards. £3; Allan Robert Hawkins. £2; Frank Hay. £3; Jack Hunt, £2; Alexia Irvine, £2; William Henry Kennedy, £3; Francis Joseph Kenyon, £2; Noel Kin* £3; lan Walter George Long. £1; Maurice Geoffrey Mehrtens. £3; James Thomas Moore, Michael John Noonan, £1; Sydney Louis Overend. £2; John g ol “|las Pansing, £2: Leslie David £2 10s: Laurence Harold Room son, £3: Thomas Donald Robins, £2: Peter John Rowe, £2; Ra jesa Sandor, £5 (no safety helmet. £2), Bryan Suckling, £5; Dereck Arthur Syme, £1; Trevor Michael Tregontag? £3; William Ernest Truman. £3; Hendrikus AlbertmusVan der Klis, £2; Joy Vincent *l. Cyoi Ravmnnd Timms Winskill. £3. K-eiin Noel Wise. £3: Warwick Anthony W lMufflciwit' lights: Kevin Francis Allen, £3 (no warrant of fitness, to supply Peter John Clarke, £B. Leonaru W using £ unlicensed, vehicle: Paul Tucker. £3 (no warrant of fitness. temporary speed limit: John Watkins. £2.

(Before Mr Raymond Ferner, S.M.)

CIVIL CASES JUDGMENT SUMMONSES _ 7,-he following orders were made on judgment summonses: T Sykes a ’ l 4 s' days?impri“X ment warrant suspended while 5s a is paid; F Taylor to pay the Papanui Coal Company £8 17s lOd in default 10 days imprisonment, warant suspended while 5s a week is paid; D. Everett, a labourer, to pay Maugers Garage. Ltd. £9l vs 9d in default three months imprisonment. warrant suspended while £1 a week is paid; Selwyn Wathhe to pay Winifred Lavtaa Higgins £26 2s Bd. in default 28 days imprisonment. warrant suspended while £2 a week is paid; A. Scott, a married woman, to pay C. T. and B J Adams £8 Is 4d. in default 9 days’' imprisonment, warrant suspended while 10s a week is paid: Ray Wilson, an electrical worker to pay E. A. Towart £5 10s, in default six days' imprisonment: D. Chapman, a married woman, to pay Ranaolpn Coal and Wood Supply £4 Is 6d. m default 5 days’ imprisonment, warrant suspended while £1 a week is paid; L. R. S Cross to pay S. M. Marker £3l 5s «d. in default 33 days’ imprisonment, warrant suspended while £1 a week is paid; D Everest to pav the Bower Service Station. Ltd. £7 Ils. in default 8 days’ imprisonment, warrant suspended while 10s a week is paid: A. C. Hutcheson, a workman, to pay H. Goldsmith £lB. in default 19 days’ imprisonment: J. Parata to pay U. J. Mortensen £43. in default 45 days’ imprisonment: T. Merrie, a labourer, to pay Lyttelton Services, Ltd. £3 15s 9d, in default 4 days’ imprisonment; J. R. Reuben, a civil servant, to pay G. C Mason £6 14s. in default 7 days’ imprisonment; H. Murray, a labourer, to pay G. M. Bennett £l3 ss. in default 15 days’ imprisonment: M. J. Greenbank, a married woman, to pay Chaneys Service Station £8 15s 6d, in default nine days’ imprisonment: E. Jamieson, also known as E. Konings. a skin specialist, to pay Moncrieff and Stewart, Ltd. £4 19s. in default five days’ imprisonment: E. McLarea, a labourer, to pay Hart Motors. Ltd. £44 19s 3d in default 49 davs’ imprisonment: David D. B. Findlater. a clastic moulder, to pay Gordon Fisher. Ltd £9 13s lOd. in default 10 days’ imprisonment: Helen Leggett Ashton, married woman, to pav Alexina Innes £9O. in default 14 days’ imprisonment, warrant suspended while 15s & week is paid.