Acquitted On Driving Charge

Press, Volume CIV, Issue 30900, 5 November 1965, Page 18

Acquitted On Driving Charge

(,VeU> Zealand Press Association)

NELSON, November 4

A jury in the Supreme Court, Nelson, today acquitted Peter Wayne Holyoake, aged 24, a painter, of Motueka, on a charge of driving at a dangerous speed, thereby causing the death of Mrs Rosalie Rebecca Scott. He had pleaded not guilty. The jury reached its decision late tonight after a retirement of four hours.

Ten witnesses were called by the Crown Prosecutor, Mr D. J. Boyle. Mr F. D. O’Flynn, with him Mr F. Bryson, opened the defence case this morning and called six witnesses, but on the objection of Mr Boyle two were not heard.

The charge was the result of a collision at the intersection of Queen Victoria and King Edward streets, Motueka, about 8 p.m. on August 7 between two cars. The car driven by Holyoake struck the right-hand side of the vehicle in which Mrs Scott was a passenger. Her daughter, Patricia Dawn Scott, was also killed in the accident. The Crown based its case on the noise heard by nearby residents as Holyoake’s car went past and the extent of the damage to the two vehicles. Mr O’Flynn said the Crown’s evidence was speculative and there were only two explanations for the accident. Either the other driver did

not slow down as he had to give way to accused or he was not keeping a proper look-out. Mr Boyle said the impact had been described as terrific as Holyoake’s car had been buried in the other vehicle. “Also there was no suggestion that accused made any attempt to reduce speed when approaching the intersection and by his own admission he was going between 30 and 40 miles an hour.”