Supreme Court CHARGE OF NEGLIGENT DRIVING CAUSING DEATH

Press, Volume C, Issue 29671, 15 November 1961, Page 8

Supreme Court CHARGE OF NEGLIGENT DRIVING CAUSING DEATH

Ah Omihi farmer, Albert i Keith Burrows, aged 38, i whose car struck and killed I a motorist at the scene of an | earlier accident at Glasneviri, near Amberley, on the evening of May 6, was charged in the Supreme Court yesterday With negligent driving causing death. After hearing Crown and defence evidence, I and final submissions by Mr B, McClelland, for the accused. Mr Justice Richmond i adjourned the trial to today. The accused is alleged to have negligently driven his car and caused the death of Samuel James Lee. Outlining the Crown’s case Mr P. T. Mahon said that a Blenheim motorist, Ronald I Noel Twiddle, was driving towards Christchurch at 6.15 pm. on May 6 and at the Glasnevin siding he saw a car coming towards him swing on to its incorrect | side of the road. Twiddle i pulled his car over to the middle of the road but was unable to avoid the car, which was driven by Lee. Twiddle did not want to shift the two cars from the I middle of the road, as he i thought Lee was under the influence of liquor. , A car driven by Constable Green pulled up at the scene, and an ambulance on its way to Christchurch also stopped. Shortly afterwards, a motorist came on the scene and saw the vehicles but a little too late, and struck the bumper of Twiddle’s car. At the time of the fatal accident, motorists coming from Amberley would see the ambulance bn the right, arid Twiddle’s ear in the middle of the road, said Mr Mahon. The ambulance had its perking lights on, and a flashing red light bn top of the vehicle. Twiddle’s car, in the middle of the road, had its parking lights, and a blue light switched on. Constable Green’s car was parked behind the ambulance and had its parking lights on. One or two persons walked along the road towards Amberley to signal motorists of the obstruction ahead. Estimates Of Speed It was m these circumstances that the accused drove from Amberley and approached the accident scene, said Mr Mahon. Witnesses would say that he approached at an estimated speed of 50 to 60 miles an hour, and with his lights apparently on full beam. He did not Slow down, and drove into the vehicle in the roadway. There was a very violent impact. It seemed Jhe accused did not notice the obstructions on the road even at the last minute as he drove into them without signs of slowing down. Lee was standing beside two of the cats when the accurods car drove into the w*» rtruck The Crown that the accused drove without . the ssattnasys® “ * accused had his headand mu ® t Mve f?* 41 some description »t the scene yet in spite .4X12 “ - ■ ■ <hat the which the accused wastaaveL ling, and his failure , auft sx &JrtEe ss2across and struck SSftr --• — Lee waa definitely intn»i dated, mid Twiddle, ConZ at «*»e. toward? the am Abmee™”' » the accused's ear crashed into hU vehicle. Oeßrad, Twiddle said he 1 Lee wasjunder -tb e dM not have his'car "shifted i because he wanted its ocst- I tion fixed. He did not hear ' persons suggest that he move I Mr McClelland: Did it | occur to you after the second fee struck your bumper to shift your car out Of the way? , - —■ -, ’ The witness No. Twiddle arid be estimated the accused’s speed at 40 to 50 miles an hmm. Noel Herbert Jtmee, a ear-

pester, said that when he came upon the two vehicles he had to brake and swerve hard to the left. He just touched Twiddle’s ear. Jones said he had just shifted his car to the side of the road and was alighting when he heard the crash as the accused's car struck Twiddle’s vehicle. Cross-examined, Jones said he did not see any lights on Twiddle’s car. Jones said that when asked by Constable Green to leave his vehicle where it had struck Twiddle's car he refused as he thought an approaching car which he could see in his mirror might not be able to stop either. As he moved his car he saw the accused’s car lights about half a mile away. Constable W. T. Green said he could see thq danger to approaching cars of the two vehicles in the roadway, and was trying to arrange lighting for them when the accused’s car hit The witness said he had not been approached by other persons at the scene to shift the cars before the last accident.

Rodger Callaghan Kingsbury, a former constable in the Christriru'Kh motor accidents branch, gave evidence at taking measurements art the scene of the accident. He said he interviewed the accused in the Christchurch Hospital on May 11. The accused declined to make a statement, but admitted he had been drinking at a hotel in Amberley before the accident. He would not say how many drinks he had consumed.

The accused said he had no idea of his speed when the accident occurred. Asked whether he had seen the flashing light of the ambulance the accused said he thought it was the lights of an approaching car, said the Witness. Defence Case Mr McClelland said that ell five defence witnesses arrived on the scene before or shortly after the last accident. AM bad difficulty in seeing the ears until almost upon them, and were in real danger of hitting the cars across the roadway. Jaimes Lyon, a Ministry of Works employee, of Waipara. said he arrived at the scene after the first accident. He was close to the accident before he saw the obstruction, and later went along the road to wave a white handkerchief and warn traffic. He stood in the middle

ot the road but cars bad difficulty in seeing him. To Mr Mahon he Mid that about five cars mode their way past the accident while he wae waving his handkerchief. The accused's speed would have been between 40 and 50 miles an hour. Kenneth George Logan, of Waiirari, said visibility was very poor on the night of the accident. He arrived at the scene before the accused’s accident, and the only indication he had of the other cars was when he saw them in his headlights and had to brake immediately. He stopped 15ft from the cars. While leaving the scene he saw another car which had to swerve off the road to avoid a collision.

Francis Owen Rae, of Waipara, said he was within 30 or 40 yards of the accident when he first saw the cars in the roadway. He did not see anybody signalling, or see a flashing light. Address To Jury In his final submissions, Mr McClelland said the last thing a motorist could expect to encounter on a straight stretch of main highway would be an obstruction ot two cars and a trailer across the road. No attempt was made to move the cars to the side of the road before the accused struck them.

“Is it any wonder that not only one person but two— Jones and the accused—struck the cars which they came upon obstructing the road and without lights?" Mr McClelland said. Other motorists had given evidence of the difficulty in picking up the obstruction, end Constable Green was trying to get lietits for them because of the danger of having the cats across the road. Mr McClelland said a motorist could not be expected to know that the red flashing light of the ambulance parked by the side of the road was to warn of an obstruction across the road. It was significant that Constable Kingsbury, when he arrived, placed the police car with its flashing light, in the middle of the road, and flashing road: accident signs in each direction along the road. The accused was put in a state of emergency in being suddenly confronted with a situation which, any ordinary prudent driver cou*d not expect. Jones could not avoid hitting the first two ears, and other drivers had told of their difficulty in seeing them and taking evasive action, Mr McClelland Mid.