Fatal crash charges proceed

Press, 19 May 1984, Page 4

Fatal crash charges proceed

A man who appeared in the District Court yesterday was committed for trial by jury on two charges relating to the deaths of two passengers when his car struck a bridge abutment in Opawa Road and went into the Heathcote River, on August 17, last year. John Laurence Smith, aged 42, a sickness beneficiary, was committed for trial on charges of causing the deaths of Murray Robert Thomas Kinley and Peter Douglas Thompson by driving in a manner which, having regard to all the circumstances, was dangerous to Messrs Kinley and Thompson. Messrs R. C. Holland and J. B. Graham, Justices of the Peace, remand Smith on bail to June 1, pending a date for trial in the District Court, on these charges. On two other charges arising from the accident the Justices held that there

was insufficient evidence to commit Smith for trial, and discharged him. These charges were of causing Mr Kinley’s death by carelessly using a motor vehicle while under the influence of alcohol or drugs, but not so affected as to be guilty of an offence under the excessalcohol provisions of the Transport Act; and of causing Mr Thompson’s death by carelessly using a vehicle while driving at a speed exceeding 50km/h. Sergeant L. J. Bruce prosecuted and Mr J. J. Brandts-Giesen appeared for Smith. Prosecution evidence was given that Messrs Kinley and Thompson suffered multiple injuries and died at the scene after Smith’s car failed to negotiate a curve on to the bridge and struck a concrete bridge abutment, and then slid into the river. Immediately before the accident Smith’s car and , another had approached the bridge at a speed which an oncoming motorist estimated at between 65 and 95km/h. He stopped his car and one car drove straight past on the left side of the

road while Smith’s swerved and went straight in front of the witness’s car and hit the bridge. Mr Brandts-Giesen submitted at the end of the t prosecution’s evidence that i there was no case to answer [ to the four charges. He said in regard to the two charges > of dangerous driving causing death, that even if the r Court was satisfied that > there had been dangerous 1 driving further along the road, that would only justify a conviction for dangerous driving, not j dangerous driving causing death. 5 Sufficient causation had ; to be shown between the bad driving and the deaths ; of the two passengers, he r said. 2 Mr Brandts-Giesen said < the only evidence of Smith’s ~ driving immediately before 2 the accident had been his travelling on the wrong side 2 of the road. Smith had exj plained this in his states ment, that his foot had 2 jammed between the accelerator and brake. He had j tried to take evasive action, r Evidence of speed or racing t was unreliable. e Mr Brandts-Giesen said,

in regard to the alcoholrelated charge, that there was no evidence of any link between Smith’s driving and his consumption of alcohol. His alcohol level was well under the criminal standard. He also submitted that there was no evidence of careless driving at a speed above 50km/h, and causing death. He said evidence of speed had been “guesstimates” by inexperienced persons. Sergeant Bruce, submitting that a case had been established on all charges, said Smith had had “ample time to pull out of the contest” with the other vehicle which had travelled in the same direction. Smith's alcohol level was 71 milligrams per 100 millilitres of blood, nine milligrams below the maximum permitted, and the evidence had shown that he was affected by this intake. Sergeant Bruce said all witnesses had given evidence of speeding by Smith’s car, and skid marks 15m long were measured on the road, ending at the bridge abutment.