Supreme Court Acquitted On Fatal Driving Charge

Press, Volume CII, Issue 30050, 7 February 1963, Page 11

Supreme Court Acquitted On Fatal Driving Charge

A Supreme Court jury yesterday found Gary William K«nMy, aged 21. a aoidier, not guilty of negligent driving causing the death of a w«wi who stepped in front of his car on a winter’s evening last year. Kennedy (Mr B. McClelland) was charged with negdriving causing the death of Verna Doreen Patrrcia Snath, aged 41. on June 23 last year. Mr C. M. Roper. the Crown Prosecutor, said the accident happened at 730 pm on a Saturday in mid-winter, Kennedy, with has wife as a pes•enger in the front and another soldier as a passenger in the back, was driving north in Colombo street and had jurt crossed Salisbury street when his car struck Miss Smith, who was crossing Colombo street The Crown's case was that Kennedy failed to keep a proper look-out. Kennedy’s passenger saw Miss Smith, and called out a warning. A motorist who was parked around the corner in Salisbury street also saw Miss Smith crossing the road, said Mr Roper. Mias Smith was thrown into the gutter by the impact She died in hospital a month later without regaining conscdousness. She died oct head injuries. Crown Evidence

Robert John Hayward said he was the passenger in the back seat of Kennedy’s car. Kennedy began to accelerate again when over Salisbury street The witness said he first saw Miss Smith when she was practically in front of a car coming the other way. She was running, and the car appeared to be stopping to avoid her.

Hayward said that another ear was very close behind their car, and he thought Kennedy was trying to see in his mirror how close it was. He called to Kennedy that he could see there was a woman crossing. He thought Kennedy then saw the woman and tried to swerve to his right

To Mr McClelland Hayward said that when he first saw Miss Smith she was illuminated by the headlights of the car approaching from the other direction. She seemed to be running to get out of the way of that car. When she moved out of the light from its headlights, he could no longer see her.

Russel William Barrett said he was parked in Salisbury street and saw Miss Smith leave the footpath and walk across Colombo street She appeared to be walking. He saw no other cars except Kennedy's, There was a bang and he saw a figure thrown out to the left. Barrett said he saw nothing

to indicate there had been any application of brakes, and he saw no change of direction by Kennedy’s car.

Constable G. C. Jones said that Kennedy told him at the scene that he suddenly saw a shape loom up in front of his car. Kennedy said he swerved to avoid the shape, but the left front of his car hit it Constable N. T. Ward said that in a written statement made the next day Kennedy said that Miss Smith was about 2ft in front of his car when he first saw her. Kennedy’s statement said he thought Miss Smith might have dodged the other car coming the other way, and run in front of his car without looking. Defence Counsel In his address to the jury, Mr McClelland submitted that on the allegation of failing to keep a proper look-out the Crown witnesses disagreed on essentials. Hayward said that Miss Smith was running from the path of another car, while Barrett said she was walking and that he saw no other car.

There was no doubt that there was another car, said Mr McClelland, because police had interviewed the driver, But its driver had not been called by the Crown. Mr McClelland submitted that if the point of impact was 50ft up Colombo street as indicated by glass from the headlamp of Kennedy’s car, then Barrett, who was around the corner, could not have seen the accident All he could have seen was Miss Smith leaving the kerb on the other side. He must have reconstructed the rest.

If, as appeared to have happened here, a pedestrian ran out of the path of one car and suddenly into the path of another, the driver of the second car could not be held negligent if he had no time to avoid a collision.