Man for trial after road fatality

Press, 20 February 1986, Page 16

Man for trial after road fatality

Soon after Selwyn Warren Waaka, aged 34, had driven away from the Hei Hei Community Centre, after the police had been called to a fight there between organisers of a function and gatecrashers, his car struck and killed a motor-cyclist at an intersection. This evidence was given at a preliminary hearing in the District Court yesterday when Waaka, unemployed, faced charges of carelessly using a car and causing the death of the motor-cyclist, Karen Marie Ward, aged 28; and of causing Miss Ward’s death by an act or omission while driving, when the proportion of alcohol in his blood exceeded 80 milligrams of alcohol per 100 millilitres of blood. Evidence was that Waaka’s ratio of alcohol was 246 milligrams. Mr J. H. Christensen and Mrs C. M. Holmes, Justices of the Peace, held that there was sufficient evidence to commit Waaka for trial on the charges. They remanded him on bail to February 28, pending a date for trial in the District Court. Two related charges were adjourned to the same date. They were of driving without a licence and driving with an excessive proportion of alcohol in his blood (246 milligrams). Mr Erno Bedo appeared for Waaka. Sergeant M. P. Caldwell prosecuted. Prosecution evidence was given that the collision in which Miss Ward was killed occurred about 12.45 a.m. on November 10 on Blenheim Road, at its intersection with Curletts Road. Waaka’s car, travelling on Blenheim Road towards the city, struck the motor-cyclist, who was travelling away from the city. The car turned right into Curletts Road, dragging the motorcycle under it for some distance, before stopping at the overbridge approach in Curletts Road. A woman motorist, Tracey Helene Millar, said the collision occurred just outside her driver’s door

window as the car turned. She said she had heard the car before seeing it. It was going round the corner too fast, and fairly wide. Flames extended on the roadway from the point of impact, to the car. Witness got out of her car to attend to the motor-cyclist, and saw the car finally stop, after dragging the motor-cycle beneath it. Constable W. D. Peck said he had seen Waaka drive a car away from the Hei Hei Community Centre, and with two passengers, when the police had been called there to a fight between organisers of a function and gatecrashers. While leaving there in response to another call he saw flames on the roadway at the intersection of Blenheim Road and Curletts Road, and saw a body lying on the roadway. Waaka initially said he did not know who the driver was, and ran off while witness was making further inquiries. He was apprehended in a railway area underneath the overbridge. He was very angry at first and had to be handcuffed, but later calmed down and "felt sorry for himself.”

Waaka had told witness that he had driven from the community centre, to go home. He had said he made a right turn from Blenheim Road, with the green traffic light showing. He had not seen the motor-cyclist or felt any impact, and stopped only when he felt something wrong with his car.

Mr Bedo said it was not in contention that Waaka had an excessive alcohol level. However, he submitted that there was no case to answer to the charge of causing the motor-cyclist’s death by an act or omission, when he had an excessive level of alcohol. He submitted that the police had not produced any evidence showing a relationship between Waaka’s excessive consumption of alcohol and the fatal accident.