Magistrate's Court Decision delayed in fatality case

Press, 11 May 1979, Page 10

Magistrate's Court Decision delayed in fatality case

No decision was reached in the Magistrate’s Court yesterday when a supervisor of intellectually handicapped children appeared on a charge of causing death by carelessly using a motor vehicle. Mr S. G. Paterson, S.M.. reserved his decision until this afternoon after al) the evidence had been heard in the charge against Ronald Malcolm Williams, aged 41. It was alleged that Williams had caused the death of Irene Bamber on October 21 last year when his Volkswagen car had collided with a vehicle driven by Peter George Bamber, the husband of the deceased woman, on Humphreys Drive.

Mrs Bamber had suffered severe injuries in the accident and died at the Christchurch Public Hospital that evening.

Detective Sergeant N. T. Higgison appeared for the police, and Mr P. M. James represented Williams.

David Orton Bradley, an insurance agent, told the Magistrate he was whitebaiting at the canal mouth at the end of Linwood Avenue near where the road runs on to Humphreys Drive at about 6.15 p.m. on Saturday, October 21.

Mr Bradley heard a crash, and when he went to investigate he found a Volkswagen lying on its side, the driver suspended by his seat belt. A passenger lay some distance away face down on the road. Another car was on the other side of the road, also on its side, and the driver was outside the vehicle.

After stopping the first car to come along the road, Mr Bradley checked the pulse of the person in the Volkswagen. He could smell alcohol in the car, he said. James Arthur Judson, a doctor with the intensive care unit of the hospital, said he examined Mrs Bamber at 7.00 p.m. She only seemed severely shocked at first, but when her condition deteriorated she was admitted to the intensive care unit. Attempts to revive her failed and she died at 9.00 p.m.

Questioned by Mr James, Dr Judson said the injuries suffered by the deceased woman included broken ribs and haemorrhaging on the left side of the body. A blood-alcohol test taken on admission to the intensive care unit showed a concentration of 40mg to 100 ml of blood.

Mr Judson agreed with the defence that a blood transfusion given to Mrs Bamber would have lowered the concentration of alcohol. No other tests were administered on the other people involved in the accident. Mr Bamber said he and his wife were returning home to Sumner after a meal at a restaurant in Christchurch. Some wine had been consumed, and he

was travelling south down Linwood Avenue at about 55 km/h in an area governed by a speed limit of 70 km/h.

Mr Bamber told the Magistrate that he saw the car driven by the defendant approaching along Humphreys Drive on the wrong sit, of the road at considerable speed. It was overtaking other vehicles, so Mr Bamber decided to change to the other side of the road “to get out of the way.”

He said he had a “vague memory” of the driver of the Volkswagen struggling [with the wheel before the accident. Mr Bamber’s car ! was hit on the passenger’s side.

Witness agreed with Mr James that the crash happened on the wrong side of the road. The defendant said he had been in Lyttelton sailing during the day. He had consumed two bottles of beer in that time, and had met an acquaintance in a Lyttelton

hotel late in the afternoon. After agreeing to take hitt home to New Brighton, th two had stopped at th Ferry mead Tavern to as! directions. After staying fo 20 minutes and finishing 1 drink of orange juice. Wil liams and his friend had let the hotel to go to Net Brighton. Williams, travelling a about 40 km/h, was no wearing a seat belt as h drove north along Humph reys Drive. He denied pass ing any cars, and said h first saw* the car driven b; Mr Bamber a short distant away, travelling on thi wrong side of the road. At accident could not b avoided. He was certain he had no crossed on to the other sidi of the road prior to tht crash, in which he sufferei a fractured skull and jav and lost much of the use a one arm. He said he wai still receiving treatment foi his injuries.