Supreme Court Youth Denies Negligent Driving Causing Death

Press, Volume XCIX, Issue 29363, 16 November 1960, Page 22

Supreme Court Youth Denies Negligent Driving Causing Death

Broken beer bottles were found in a car which collided head-on at 2 am. on June 5. last, with * milk truck being steered along the wrong side of the Main South road by a man in the passenger seat, a jury was told by witnesses in the Supreme Court yesterday. The collision resulted in the death at a young woman passenger in the car. Shirley Wanda Mitchell, and in the appearance in Court of Stanley William Campbell, aged 18, an apprentice bricklayer, charged with negligently driving the milk truck so as to cause the death of Miss Mitchell. Campbell pleaded not guilty to the charge.

Evidence in the trial had been completed when Mr Justice Macanthur adjourned the Court until today.

Mr C. M. Roper conducted the case for the Crown. Mr B. McClelland, with him Mr J. E. Millar, appeared for Campbell. Mr McClelland will give the defence address today and his Honour will sum-up before the jury retires to consider its verdict.

Opening for the Crown. Mr Roper said Campbell and another man. Smith, had taken over the milk round from the owner on the night of June 4-5. The owner of the round was having a night off.

Campbell and Smith were delivering milk to houses near the Riccarton High School on the Main South road.

It teas approximately 2 a.m. The truck was travelling slowly, in low or crawler gear, in a southerly direction, on the wrong side of the road.

The truck was being steered by Campbell who was seated in the passenger seat. There was nobody in the driver’s seat. Campbell was waiting for Smith to get into the driver’s seat after he had finished delivering milk bottles. The milk truck customarily travelled on the wrong side to deliver milk in this particular area-

It was a clear, frosty night. The road was dry, visibility was good and the street lighting was good, Mr Roper continued. The milk truck had its parking lights on; a blue light above the cab and a tall, illuminated sign. “Milk,” on it. A car approached travelling north. It was driven by a Mr Woods, with Miss Mitchell as a passenger. Car’s Speed

. The car appeared to be travelling fast. Neither car nor milk truck took evasive action and collided head on. Both vehicles were extensively damaged. Woods was hurt; Miss Mitchell was killed; neither Campbell nor Smith was injured.

Campbell made a statement to the police in which he described how the truck was idling along in low gear and he was steering from the passenger seat. The car was traveling “fairly fast and I did not hear any sound of brakes. I saw it from a fair distance, but things happened so quickly I did not have time to get from the passenger’s seat to the driver's seat. . . .”

Mr Roper said the Crown alleged that Campbell was negligent in driving on the wrong side of. the road, in not having proper control over the truck by driving from the passenger seat and in failing to warn the approaching car. after he had seen it coming from a fair distance, of the truck on the wrong side of the road by putting his lights on full or dip. or flicking his lights. A milk truck had no more right to travel on the wrong side of the road than any other vehicle, said Mr Roper. The jury, after hearing the evidence, had to judge by Campbell’s behaviour whether he had failed to act as a reasonable and prudent driver would have been expected to in the circumstances.

Medical evidence for the Crown was that Miss Mitchell was dead on arrival at the Christchurch

Hospital. Her death was /due to a fractured skull and cerebral hemorrhages. Nayland Trevor York Smith said he and Campbell had done the milk round previously. He drove the truck over to the wrong side of the road to deliver to four or five houses. It was the start of the round. He left Campbell in the truck. The first he knew of the collision was the sound of milk crates crashing. Cross-examination To Mr McClelland, witness said he had driven the truck to the milk depot and over to the wrong side of the road. The crawler gear was very slow. It was a long, straight road and all Campbell had to do was to guide the truck if it did not go straight. The truck was so near the footpath he could put bottles back in the crates from the footpath. Several cars, travelling north and south, passed the milk truck before the accident. Mr McClelland: Did you notice broken beer bottles in the car which hit the truck? Smith: Yes. Did you smell beer in the car? —Yes. Is it correct a-t that time you had your driving licence suspended?—Yes. And you asked Campbell to accompany you because he had a licence?—Yes.

Was it suggested to Campbell, as he had a driver’s licence, that he should say he was driving?— It was not said like that at all. There was a discussion between you and Campbell and your employer. the milkround owner. Mr Orr, just after the accident?— Yes.

It was«suggested that it would be serious for you if it were found you were driving?—Yes.

Did you make a statement that Campbell was driving before the accident?—YesWas this because you had no driver’s licence?—Yes. Mr Roper: Who was driving the truck just before the accident?

Smith: Campbell was in the passenger seat and I was outside the truck.

Campbell was in charge of the truck?—Yes.

Constable A. G. Adcock said Miss Mitchell was jammed in the woodwork of the car with her head out of the open front passenger door of the car. Mr McClelland: Was it a fine night? Witness: Yes. The visibility was very good. Did you see broken beer bottles in the car?—Yes.

Could you smell liquor?—Yes. On the driver, Woods?—Yes, when he was removed to the ambulance.

Did Woods say where he had been?—He told me he had been to a party. He could not say where the party was. Could you give an opinion as to his sobriety?—Taking into account any shock and his injuries, in my opinion he was suffering from the effects of alcohol.

Is Wpodts to face a charge in connexion with this collision?— Yes. Constable N. E. Walker said the bitumen on the road at the accident was 41ft wide. There was a strip of gravel Bft wide- There were- no maitlcs at all on the gravel. If the truck had been travelling on the gravel at the time of the collision witness would have expected to find marks on the shingle. Campbell made a statement to him. To Mr McClelland, witness said that in his opinion, ba<sed on the damage done to the slow-moving milk truck, the car must have been travelling in excess of 30 miles an hour. The speed limit at the scene of the collision was 30 mile® an hour. Constable Walker was the last witness for the Crown. Mr McClelland said he would not be calling evidence for the defence. Mr Roper said he would not give a final address for the Crown. His Honour then adjourned the trial until today.