Driver of shunter sent for trial

Press, 14 August 1980, Page 2

Driver of shunter sent for trial

PAS ( < s Wellington •' ''J&r. •■■■ • The’driver of the shunting engine which hit a Porirua unit in the Wellington railway yards in March said he had not known where he was going before the crash. Kevin Charles Smith, aged 25, ah engine driver, yesterday pleaded not guilty and was sent to the High Court for trial, on September 1. on two charges of manslaughter. Bail was set at $lOOO. Smith called no evidence and reserved his defence. The charges relate to the deaths of two of the Porirua unit’s passengers — Charles Louis Henri Oosthoute de Vree. and Ernest Bennett Goodwin. Smith is charged with committing their manslaughter by driving nis shunting engine through a stop signal. Smith’s assertion that he did not know where he was going was part of a statement he made to the police on March 24, the day of the crash. His statement was part of evidence given by Detective Sergeant D. L. Whitford, admitted in writing in the District Court depositions hearing yesterday _ of the charges against Smith. The hearing, before Judge Bate, lasted 4t days. Mr J. Bowie apoeared for the Crown, and Mr J. D. Dalaetv,- with Mr A. Ford, for Smith. Detective Sergeant Whitford said he took Smith’s statement on the afternoon of the crash. Two days later Smith went to the police station, was cautioned, ant

was asked if he wanted to change his statement. Witness told Smith he did not believe certain parts of it, but Smith had said he did not want to change it, and he was charged with manslaughter. In his statement, Smith, an engine driver since August last year, said the morning of the crash he went to platform 9 to pick up the emptv Masterton carriages. He took his engine up to them and two shunters counled on. He pulled slowly away to the first signal, which was red. He braked. His assistant called out . the signal had gone yellow. Smith told him that was unusual-and so he let the train stop short. He then went at a low speed, about 10km/h, towards signal 99 (the last signal before the crash', the one Smith is accused oi going through). It showed low speed anc he called that to his assistant. He went through it at t low speed, although his speed mav have been in

creasing slightly. He thought they were going to the wash bay or storage road. But at the last points before the crash he thought they were getting too far out on the main line, although he did not know whether thev were, Smith’s statement said. “The next thing I did was look over the yard to try to establish exactly what road I was on and where I was going.” He looked down the rails to see if there _ were any 1 points to take him off the ’ main line, but knew he was , on the last set. He looked t ahead and saw the unit com--5 in S- . . . 1 He thought it was on his » line and would have stopped at .a signal. But he then realj ised the unit driver was f either past his signal or was f not going to stop “and was J coming down on top of me.” The unit seemed to be □ slowing, but it was hard to „ say because the gap was “ closing, Smith’s statement ii said. a He sounded the shunter’s . whistle, and put on the 1 emergency brake. Earlier, 7 when he had thought they i were getting too far ahead, " he had closed the throttle so that they were just coasting. e He thought he could stop e in time. He did not think is there would be a crash — but there was.