Driving Charges After Man’s Death Dismissed

Press, Volume CI, Issue 29891, 3 August 1962, Page 12

Driving Charges After Man’s Death Dismissed

Charges of negligent driving causing death and negligent driving causing injury, against Alan Neil Mac Kay, aged 56, a solicitor, were dismissed by Mr E. S. J. Crutchley. S.M.. in the Magistrate s Court yesterday. Mac Kay pleaded not guilty. He was represented by Mr B. J. Drake, with him Mr G. S. Brockett. Senior-Sergeant G M, Cleary prosecuted. The charges related to an accident at -he Bealey avenue-Papanui road intersection on March 31. A passenger in the accused's car. Norman Sunpson Cramond. aged 74. died at the Christchurch Hospital on April 12 Senior-Sergeant Cleary said that the recent death of Dr C. T. B. Pearson, who made a post-mortem examination of Cramond. might make it difficult to prove the major diarge. Dr. P. A. E. Smith, a pathologist entered Dr. Pearson's report in evidence. Dr. Pearson found the cause of death bronchial pneumonia associated with multiple fractures.

To Mr Drake, the witness said that pneumonia could have resulted from Cramond's having to stay in bed because of injury. There was nothing in the report to suggest that one particular injury caused death. Dr. P. J. Gormley, a senior house surgeon, said that Cramond was in a poor general state, and an ordinary person would not be likely to die from the injuries suffered in the accident The driver of the other car in the accident. William Stanley Phelps, said be was driving east in Bealey avenue ar 11.55 am. and crossed Papanui road at 20 to 25 miles an hour. The accused was travelling west in Bealey avenue and was turning into Paoanui road The witness said the lights were in his favour, and he could not avoid the collision He denied that, he increased his speed before reaching the irveraection because the light had changed to amber. Mr Drake at this stage asked th a* bo’h charges be dismissed The medical evidence. he said, showed there was room for doubt that death was caused bv injuries suffered in the accident, and Phelohs’s increase in speed he said, caused the accident. The Magistrate ruled that

a prima facie case had been established. Jack Heard said he was working in his shop on the north-east corner of the intersection when the accident occurred. He looked up and saw the lights in Papanui road on green. Phelps told him the lights in Bealey avenue turned to amber as be entered the in'ersection. In evidence the accused said that the lights were in his favour when he turned from Bealey avenue, and although he saw Phelps's car he considered it too far away to be in the picture. Dismissing both charges, the Magistrate upheld Mr Drake's submissions on the cause of death and the speed of Phelps's vehicle.