Cars racing before fatal crash, court told

Press, 5 July 1983, Page 4

Cars racing before fatal crash, court told

Two American members of Operation Deep Freeze were racing powerful cars at high speed along Memorial Avenue when one, driven by a young woman, hit a small car and killed a youth, Mr Justice Cook and a jury were told in the High .Court yesterday. Elizabeth Mary Piwoski, aged 21, an electronic technician, and Virgil Joseph Smith, aged 24, an electrician, have pleaded not guilty to joint charges of manslaughter of KresimirPeter Ivos, aged 17, or alternatively driving motor vehicles at a dangerous speed and causing his death on August 17, 1982. The trial is expected to finish on Thursday.

Messrs C. B. Atkinson, Q.C., and A. M. Mclntosh appear for the Crown which is calling 26 witnesses. Mr P. B. Henry and Miss N. E. McGowan, both of Auckland, appear for Piwoski and Mr P. D. Ludlow, for Smith.

Opening his case, Mr Atkinson said that evidence would be given by Mrs Ivanka Ivos that on the evening of Tuesday, August 17, she was driving a Mini car east on Memorial Avenue towards the city with her son, Kresimir, in the passenger seat. Opposite Burnside Park, her vehicle was struck from behind by a Mecury Cougar driven by Piwoski. Her son was killed and she was

taken to hospital. It was alleged by the Crown that both Piwoski and Smith had caused the youth’s death by an unlawful act — driving motor vehicles recklessly or carelessly at dangerous speed.

The Crown said that Smith, who was driving a Ford Cobra, was a party to Piwoski’s criminal conduct by inciting or encouraging her.

Evidence would be given that Mrs Ivos left her home in Skye Place, Burnside, at 6.35 p.m. to take her son for a music lesson in Waimairi Road and then she was going to attend an English language lesson at the university.

Eye witnesses would say that they saw two cars travelling at very high speed from the airport towards the city. They were driven by Piwoski and Smith who had left the United States Deep Freeze base together. After the impact, the Mini car had come to rest 60m further on, against a lamp post. The Crown said that the jury would be convinced beyond any reasonable doubt that the two cars were racing, or were involved in a high speed chase at a reckless speed.

It was a matter of sheer coincidence which vehicle had the collision as either car was bound to run into any vehicle which got in the way, Mr Atkinson said. Mrs Ivos, a housewife and teacher, said that she stopped at the give way sign at the corner of Kendal and Memorial Avenues. She had looked towards the airport and did not see any vehicle approaching. After making a left turn into Memorial Avenue, she had moved into the lane nearest the median strip intended to make a right turn into Grahams Road.

The next thing she had known was waking up in Princess Margaret Hospital

the following morning. When her husband told her that their son was dead, she had collapsed. Mrs Ivos said that she suffered from bad concussion, had 10 stitches in her head, cracked ribs and a scar on her forehead. Dr Leonard Lawrence Treadgold, a pathologist who conducted the post mortem examination on the body of Kresimir Ivos, said that the cause of death was multiple injuries. John Frederick Pledger, a freezing worker of Hastings, said that he was driving east on Memorial Avenue when he was passed by two cars travelling at between 90 and 100 m.p.h. They appeared to be racing. He had seen vehicle lights flash into the park and it had seemed that one of the cars had hit something, When he arrived, he saw a Mini car against a pole, he said. To Mr Henry, Mr Pledger said that the cars had passed him in single file. He had intended to turn left into Roydvale Avenue to go to the Russley Hotel. He never saw the Mini turn out of Kendal Avenue, he said. To Mr Lublow, Mr Pledger said that the Cougar car went past first.