Accident not driver’s fault, S.M. finds

Press, 22 September 1978, Page 4

Accident not driver’s fault, S.M. finds

A man was killed and two others badly injured when a car plunged down a ravine in the Lewis Pass on March 10, Mr J. S. Bisphan S.M. was told in the Magistrate’s Court at Rangiora. But the Magistrate found that the driver of the car, Bruce Humphries McMaster, did not cause the accident. McMaster, aged 48, a company director of Christchurch (Mr K. J. Jones), was charged with careless use of a motor vehicle causing death. He pleaded not guilty. After hearing the evidence of five prosecution and two defence witnesses, the Magistrate said he was not satisfied beyond “reasonable doubt” that the accident was caused by McMaster. He said that the accident may well have been caused by a fault in the car's steering mechanism. “It may also well be that bad luck played a part in causing the accident,” the Magistrate said. Although the three occupants of the car had been drinking at two hotels before the accident, the Magistrate found that alcohol had nothing to do with the cause of the accident.

The prosecutor (Sergeant

R. G. Henwood) claimed McMaster had been driving too fast to negotiate a corner and had lost control of the car. But the defence claimed the car’s steering had been faulty.

One of the witnesses was Arnold Frederick McDonald, a vehicle inspector with the Ministry of Transport. He said he had examined the wrecked car twice. He had found a fault in the car’s steering which would have made it veer left.

Raymond Archibold McNeil said he had driven the car and found it veered left. He said he did not like driving the car.

Sergeant Henwood told the court the car, an XJ6 Jaguar, had skidded off State Highway 7 about 24km from Hanmer Springs. The car had plunged down a ravine. Trevor Ross Smith, who owned the car, was killed. He had been a passenger in the front.

Walter Topschij, who had been sitting in the back, was badly injured. McMaster was cut and dazed. He has been on accident compensation since the accident. Both he and the deceased had been wearing

seat belts. Mr Topschij was thrown from the car and hit some rocks.

Mr Topschij told the court he felt uneasy with McMaster’s driving. Twice before the accident the car had run into the shingled verge of the road. McMaster denied this. He said the car was very light to steer and pulled to the left.

According to McMaster the car had drifted into shingle as it turned the bend. He turned the wheel to the right and accelerated. The car then dodged across to the right. He tried to bring the car back on to the left side of the road and braked, but lost control. Mr Topschij said he did not know how the accident had happened. “We got into the shingle, the next thing I was flying through the air,” he said.

Constable Peter Gilfedder of Hanmer Springs said he went to the scene of the accident. McMaster was semiconscious, but seemed sober. Hospital staff had said a sample of McMaster’s blood was not necessary as there were not signs of intoxication.