Road fatality charge denial

Press, 10 March 1983, Page 4

Road fatality charge denial

Submissions that excess blood-alcohol charges brought against a Lincoln College student following a fatal accident near the college last September must fail because of the complete breach by the Ministry of Transport in not providing an evidential breath test for the defendant were made by his counsel, (Mr D. I. Jones), in the District Court yesterday.

If submissions' made bydefence counsel for a Lincoln College student facing three charges arising from a fatal accident near the College last September were upheld, it would virtually ensure that no breath testing was done outside city limits, said Sergeant M. P. CaldwelL Matthew Paul Daly, aged 20. a student, has denied charges of causing the death of another student. Tina Jeanette Davies, aged 18, by carelessly using a car on Ellesmere Junction Road on the late evening of Friday, September 10; driving with an excess blood-alcohol ratio and by an act or omission causing Miss Davies’ death; and driving with an excess blood-alcohol ratio.

Evidence of all 11 prosecution witnesses was completed yesterday. Mr Jones did not call defence evidence.

However Judge Paterson adjourned the case partheard to enable futher written legal submissions to be presented, arising from submissions made by Mr Jones. Mr Jones objected to the production by a traffic officer of a certificate of blood analysis. He submitted that if this was upheld the blood-alcohol charges must fail. He submitted that on the evidence of Traffic Officer D. R. Fuller, the Ministry of Transport had failed to establish a proper system to ensure that evidential breath testing equipment was available.

The officer had gone straight from conducting a breath screening test, into a blood analysis. He quoted legal precedents in support of his submissions. Sergeant Caldwell said it would be too much to expect every one-man police station or traffic officer, or individual traffic officers, to have the equipment.

The traffic officer had told the defendant there was no evidential breath tester available. He said that if the defence contention was taken to its full extent, it would virtually

ensure that no breath testing was done outside citv limits.

The Judge reserved his decision to await further submissions.

The charges related to a fatal accident in which the defendant's car was said in evidence to have struck the front one of two bicycles. Each bicycle had a girl Lincoln College student rider, and a passenger seated -on the carrier.

After passing the rear bicycle, the defendant's car struck the other bicycle, fatally injuring Miss Davies, who was seated on the carrier. The bicycle's rider. Julie May Hills, suffered severe head concussion and spent five days in hospital. A pathologist Dr L. L. Treadgold, said that a postmortem examination showed Miss Davies died of head injuries. A test for alcohol was negative. John Humphries, a prison officer, said he was travelling behind a car on Ellesmere Junction Road, towards the rear red light of a bicycle ahead while still a good distance away.

He said the car ahead of him passed the bicycle and then "somehow seemed to veer towards the footpath." In the car's headlights he saw another bicycle with no lights, ahead, and the car then hit his machine.

Philip Barnabas Beauchamp, of Hamilton, and a Lincoln College student last year, said he was a passenger in the defendant's car. They had been at the hotel.

He said he thought they had both looked back at the bicycle they passed.

He looked to the front again as the collision occurred with the second bicycle. Constable W. D. Peck, of Hornby, gave evidence of attending the accident scene. The accident was in a 70km/h area. In a written statement to the constable the defendant allegedly, said he had consumed two bottles of beer at the hotel. While driving back to Lincoln College he saw a cyclist and after passing her he looked over his left shoulder to see if it was somebody he knew.

He glanced quickly and turned to face the road and saw another cycle which he was not able to avoid hitting.

He said that when he looked back at the first cyclist his car might have moved to the left.