Charges Against Woman Fail
(N.Z. Press Association) AUCKLAND, April 13. Mr L. G. H. Sinclair, S.M., today discharged Janmarie Rutherford, aged 29, a beauty consultant, on a charge of manslaughter and an alternative charge of dangerous driving causing the death of Marc Hadrien Brudenell-Bruce on February 27.
He said it was extremely unlikely that a jury would convict Rutherford on either charge.
"The evidence shows that prior to February 27 there *4
had been trouble between the accused and the deceased and the police had been called to their house before,” he said. “It is clear the deceased was a man of uncertain temperament and given to violence toward the accused. In January he was convicted of assaulting her. “On February 27, it is established that he made a violent attack on her, but there is no evidence of what happened after that except that the deceased drove off erratically. “In Merton road his driving was so bad she snatched the ignition key and it seems that a struggle ensued for control of the car. The deceased in a rage opened the bonnet and started the car.
“We have it from the accused herself that the van went forward in stops and
starts because she knew enough to stall it each time. She admits that after this she drove off with the deceased still sitting on the bonnet and when speed reached about nine or 10 miles an hour he jumped off receiving the head injuries from which he died.
“I think she had real reason to be afraid of this man and no intention of doing him any harm when he drove off. Even at nine or 10 miles an hour any able-bodied man should be able to land safely.” “It is alleged by the prosecution that an unlawful act by the accused caused the death,” said Mr P. B. Temm, counsel for Rutherford. “What was that unlawful act?”
The only act to be considered was that of driving a vehicle with somebody in an unsafe position.
“The accused’s act in driving was not unlawful, because the act of getting on to the vehicle was that of the deceased, not the accused.” Mr Temm submitted that the accused’s action was clearly an endeavour to escape from an aggressor.
Charges Against Woman Fail
Press, Volume CIV, Issue 30725, 14 April 1965, Page 3
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