Supreme Court Acquitted On Fatal Accident Charge

Press, Volume CI, Issue 29897, 10 August 1962, Page 8

Supreme Court Acquitted On Fatal Accident Charge

Desmond French, aged 22, a salesman (Mr K. A. Gough), was found not guilty in the Supreme Court yesterday of negligent driving causing the death of Virginia Gay McKay, aged 18, at the corner of Worcester and Barbadoes streets about 9 p.m. on Saturday, May 24. Mr Justice Macarthur discharged French. Russell Hunter Lovelock, aged 22, a student at Lincoln College, said in evidence that he had had seven beers by 8 p.m. on the day of the accident. He was driving Miss McKay to a dance at the college, and had another passenger in the back seat. At the Worcester-Barbadoes streets corner he was on the intersection when lights suddenly appeared on his left. He had no time to avoid a collision with the car on his right. Lovelock said he was certain his speed was between 20 and 25 miles an hour because he had changed to second gear after Miss McKay had told him there was no hurry, to “take it easy,” and that she was sitting in the suicide seat.

“I remember changing to second gear and looking at the speedo and all before I came to the corner,” Lovelock said.

Howard Philips, a soldier, said that French, another man, and two girls in French’s car at the time of the accident were all servicemen and women from Burnham military camp. He said that French had six beers at the Carlton Hotel before they went to New Brighton beach and drank more beer which they bought in flagons from the White Hart Hotel. They then drove back to the Square after dark to get their bearings before going to a dance. Philips said that all he could remember of the accident was that there was a bump on his side of the car and a fence was coming up to meet him.

To Mr Gough he said that French was driving at an ordinary speed and was in a fit condition to drive.

Gilbert Royston Loader, a linesman, said he was riding a motor-cycle behind French's car. He thought there had been a third car at the scene, because he had i “sudden first impression” of lights showing towards iim through the dust. Defence Case

Opening the defence case. Mr Gough submitted that a nore complex traffic situation liad built up at the corner than the Crown case showed. Evidence would show tnat another car had been present on French’s left, showing no signs of giving way, and so distracting French’s attention from the rest of the intersection.

Mr Gough also submitted that there had been speed on Lovelock's part, and failure on his part to keep a sharp look-out.

Giving evidence, French said he had six beers at the Carlton Hotel and no more than a glass and a half at the beach. At the intersection he took his foot off the accelerator and put it on the brake, when he saw a car coming at high speed on his left. He braked again, and to the best of his knowledge the rest of the intersection was clear. “I couldn't judge the other driver’s intention, and I was forced to watch him,” ’French said. “Then I saw a flash of light on my right. I have a dim recollection of hearing a crash.” French said his arm and collarbone were broken in the accident.

French told Mr Roper that the car he saw on his left was not there after the accident. He did not tell the police about the third car because his platoon commander advised him to make no statement until he had sought legal advice. Coral Mowat, a servicewoman in the New Zealand Women’s Royal Army Corps at Burnham military camp, said she was asleep in the back of French's car with Private Philips just before the collision. She woke when the car slowed, and saw a flash of light, and then the crash occurred. When she got out of the car she saw an undamaged car standing at her left in Barbadoes street.

To Mr Roper the witness said she did not mention that car to the police because the day she was interviewed was the day she learned of Miss McKay’s death, and she was not able to talk to anyone.

Carnal Knowledge Charges /

John William Davidson, aged 20 (Mr C. R. Harman), faces in the Supreme Court two charges of unlawful carnal knowledge of a 15-year-old girl on or about February 15 and between March 1 and March 15.

Mr C. M. Roper, for the Crown, said during the trial yesterday that the Crown conceded that the girl consented, and that Davidson was under the age of 21 at the time, but not that Davidson had reasonable cause to believe that the girl was aged 16. The Crown’s evidence would be that Davidson had been told by the girl’s father, her sister, and the girl herself that she. was 15, and that in spite of these warnings he had had intercourse with her on two occasions. Mr Justice Macarthur adjourned the trial to today.