DRIVER ON TRIAL

Press, Volume XCIX, Issue 29345, 26 October 1960, Page 22

DRIVER ON TRIAL

Man’s Death When Car Hit Truck (New Zealand Press Association) AUCKLAND, October 25. Charged with negligently driving a car in Church street, Onehnga, early on the morning of July 24, thereby causing the death of Cyril John Newton, Antony John Mallett, aged 24, a plastering contractor, appeared for trial before Mr Justice T. A. Gresson in the Supreme Court at Auckland today. The case for the Crown is being conducted by Mr G. D. Speight. Mallett, is represented by Mr O. J. Bramwell. It is alleged that Mallett was driving home from a wedding reception with Newton and his wife as passengers. Newton was sitting beside the accused. The Crown contends that near the intersection of O’Rorke r< ad and Church street, the car struck a truck which was parked on the left of the road. Newton was killed in the accident. Desmond Albert Walters, a driver, of Penrose, said that on th 4 afternoon of July 23 his truck had engine trouble, and he parked it at the side of the road. That evening he attempted to restart it, but could not do so. He finally left it at 10.30 p.m. The vehicle had a reflector, which he cleaned, on the right side. A new tail-light on the back was not working. The accused said he had six beers at the wedding reception, and was driving about 30 miles an hour. When approaching O’Rorke road he turned his head to speak to Newton, but did not take his eyes off the road. He suddenly saw the truck in front, and tried to avoid a collision but could not. In his opinion the truck was unlighted and improperly perked. The hearing will continue tomorrow. A corporation manufacturing containers sent out its annual report in cardboard cylinders sealed with metal discs at the ends.