Supreme Court Fatal Car Collision: Driver On Trial

Press, Volume CI, Issue 29984, 20 November 1962, Page 21

Supreme Court Fatal Car Collision: Driver On Trial

A soldier whose car collided head-on with a car driven by another soldier on the Main South road on May 10 was charged m the Supreme Court yesterday with drunken driving causing the death of the other soldier. The accused, Patrick Patena, aged 23 (Mr P. G. S. Penlington), faces alternative oranges ot drunken driving causing the death ot James Alexander Stephen, or negligent driving causing his death.

Outlining the Crown case, Mr C. M. Roper said the accident happened on a straight stretch of road near Templeton at 10.30 pun. when Pat ana was going towards Christchurch and Stephen and his two passengers towards Burnham.

Both cans were fairly old. Patena had no driver’s licence, and had never held one. "Hie car belonged to another soldier and he drove it to the Dunsandei Hotel where he had 10 Boz beers before going to a party After the party he took a friend back to camp and left for a drive by himself.

Two other drivers would say Patera’s car made erratic changes of speed, weaving across the road. The accident happened when the two cars hit head-on, alongside a motor-cyclist who was very lucky not to have been involved. Stephen was dead on arrival at hospital.

Evidence would be that Stephen was driving normally on the correct side of ■the road. That was important, because a blood test showed Stephen had also consumed some liquor. Mr Roper said there could be little doubt that the accident happened because Patena went over to the wrong side of the road in the face of approaching traffic which he did not see. Crown Witnesses

John Tetau Ngatai, a soldier, gave evidence of giving Patena the keys to his car, and of being with him later at the party. To Mr Penlington he said that after the party Patena did not seem to be under the influence of liquor, and he was not worried about leaving his car in Patena’s charge.

Ngatai said his car's starter motor had been giving trouble, and for the last week he had trouble with his steering. The car would pull to the right of the road when he let the wheel go. Philip Anthony Eccles Smith, a pathologist, produced a report of a post-mor-tem examination performed on Stephen by Dr. C. T. B. Pearson. The report said a blood test showed that Stephen was in a moderate state of intoxication. To Mr Penlington Smith said that Stephen’s co-ordina-tion. reaction, and concentration must have been affected to a marked degree. With that amount of alcohol Stephen was definitely unfit to drive. Motor-cyclist's Evidence Graham Keith Bertinshaw, a carpenter, said he was rid-

ing his motor-cycle towards Christchurch with a girl friend on the pillion. He overtook three cars, and was 60ft in front at Patena before the accident. He then heard the roar of an accelerating motor behind him, and Patena overtook him. Patena was straddling the white line and abreast of the witness when he heard a crash. He said the approaching car was travelling about 45 miles an hour and was near the middle line. Its lights were dipped and Patena’s were on full beam.

Bertinshaw’ agreed with Mr Penlington that he had been hugging the middle line on his motor-cycle, and that there was useable roadway on his left. To pass him, Patena would have had to go to the other side of the road —‘the wrong side —or at least straddle the middle line. Bertinshaw said the approaching car did not deviate from its course at all. Mr Justice Richmond adjourned the trial to this morning.

Remanded For Sentence

A man who pleaded guilty to one charge of receiving stolen property and two of false pretences was remanded in custody by Mr Justice Richmond yesterday for sen-t-nce in the Supreme Court on Friday. He is Frederick Ronald Carney, aged 32, a painter (Mr A D. Holland). He deni id having broken and entered the premises of the Paris Manufacturing Company, 85 Buchan street, on August 10, but admitted having received clothing valued at £95, knowing it to have been stolen from tne company. Carney denied a charge of having obtained goods and money valued at £2O 5s from J. Ballantyne and Company. Ltd, on June 28 by false pretences—namely, by a worthless cheque. Mr C. M. Roper, the Crc a Prosecutor, said the Crown would file a stay of proceedings in respect of that and the breaking and entering charge. Carney pleaded guilty to having used a worthless cheque to obtain goods and money valued at £7 18s from Arthur Gerard McNair by false pretence?. He also pleaded guilty to having used a worthless cheque to obtain goods and money to a value of £l6 13s from Nancy Doreen Doak, trading as Christine Babywear.