Supreme Court DRIVING CHARGE

Press, Volume CII, Issue 30058, 16 February 1963, Page 14

Supreme Court DRIVING CHARGE

Accused Found Not Guilty

Leslie James NoLan, aged 30, a labouiw, was acquitted by • Supreme Court jury yesterday ot drawing causing bodily injury to two Bible cfeas cfaudren <9tiUn* in Cnmftxd street on July 20. . The duWen, Barry Middleton and Linda Margaret Rutledge, were riding in a group with three otfiera about 9.05 pm. wfeen the ao cident occurred. Addressing the jury, Mr C. M. Roper, the Crown Prosecutor, said Nolan cdataied to have braked hard, and yet no brake marks were found on the rood. He Nolan told virtually two different stories about the accident. On the night of the accident he had said that one cyclist pulled out as he passed, but later, when he had had time to consider—and had learnt that two cyclists had been hit—Nolan said toat the two rear cyclists had pulled cut. In fact, said Mr Roper, the ' two rear cyclists were not the ones who were hit by Ntodan’s car. Mr Roper asked the jury to consider why Nolan had changed his story. He said Nolan had also toM conflict- i ing stories about his drink- I ing on the day. Mr R. A. Young, for Nolan, said the principal question it > had to decide was whether the five cyclists maintained their formation of two, one and two right up to the time i of the accident. He said it should disregard i liquor entirely, because if the Crown had felt liquor was a factor, it would have charged Nolan with drunken

driving. The police sergeant had said in evidence that Nolan’s keys were removed because Nolan was in a state of shock. Mr Young submitted that it was impossible that Barry Middleton could have been struck directly from behind if, as toe Crown evidence said, Linda Marshall was directly behind Middleton and only two feet away, Mr Justice Wilson discharged- Nolan.