Driver denies causing fatal accident

Press, 30 April 1982, Page 5

Driver denies causing fatal accident

Evidence that a loud bang and flash of flames occurred as a station waggon and a motor-cycle collided at the intersection of Barbadoes Street and Hereford Street about 6.30 p.m. on June 1, last year, was given in the District Court yesterday during the hearing of four charges against the station waggon driver arising from the motor-cyclist’s death. The defendant, David Arthur Smith, aged, 23, a rentals manager, denied charges of causing the death of Dennis Allan Chapman, aged 23,' by carelessly using a vehicle while under the influence of liquor, but not so affected as to be the subject of a blood-alcohol offence; being in charge of a vehicle while the proportion of alcohol in his blood exceeded

a ratio of 80 milligrams and -by an act or omission causing Mr Chapman’s death; and driving with a ratio of alcohol in his blood exceeding 80 milligrams. A further alternative charge of driving in a dangerous manner and causing Mr Chapman’s death -was also denied. Judge Frampton adjourned the case part heard to May 3, for completion. Mr J. N. Hampton appeared for the defendant and Sergeant W. J. McCormick prosecuted. Eleven prosecution witnesses were called. Medical evidence was given that Mr Chapman suffered multiple injuries, with all his limbs fractured and died at the scene.

Prosecution witnesses gave evidence that the defendant’s vehicle travelled into the intersection against a red light. Keith Lewis Borrie Wood, a branch manager, said he was travelling behind the defendant’s vehicle and another car along Barbadoes Street. They appeared to enter the intersection and there was a flash of flame and a bang as the accident took place. He said that immediately after the accident the traffic light changed to green. It had been red for the cars ahead. Another witness, a passenger in her father’s car, also said the lights were red as the defendant’s car reached the intersection. She saw a black flash across the inter-

section, and saw flames and heard an “almighty” bang. Cross-examined, she said the black object, which she saw later, was the motorcycle, seemed to be going at a quite considerable speed. Other evidence was given that Mr Chapman’s motorcycle had been a 750 cc model, a “powerful” machine of perhaps 250 kg in weight. A constable said during cross examination that a witness, a pedestrian who had gone to the motor-cyclist’s aid, had not been located. In a statement to the police, the defendant allegedly said the traffic lights were green for him at the intersection. He had a brief glimpse of something and braked but everything happened so quickly, and the accident occurred.