Conflicts cast serious doubts

Press, 25 September 1987, Page 1

Conflicts cast serious doubts

By

NEIL CLARKSON

Conflicts in witnesses’ accounts and fresh evidence about a possible malfunction in traffic lights would have cast serious doubts on the prosecution case against a constable Involved in a fatal accident, the police said yesterday. The Christchurch district commander, Deputy Assistant Commissioner Emmett Mitten, made the comment after the dropping of four charges against Constable Phillip Heenan, aged 22.

Constable Heenan was the driver of a patrol car that was in collision with a station waggon early on May 30. The collision occurred at 2.25 a.m. at the intersection of Durham Street and St Asaph Street, controlled by traffic lights.

A woman died when thrown from the back of the station waggon.

Constable Heenan was subsequently charged with- causing death through careless driving, two charges of careless driving causing injury, and a charge of failing to comply with traffic lights.

Mr Mitten said the evaluation of the evidence by Mr David Saunders, of the Crown solicitor’s office in Christchurch, made it obvious that the prosecution of Constable Heenan should not proceed.

Mr Mitten said new evidence on a possible malfunction of the phasing of the traffic lights at the intersection and conflict in witnesses’ accounts would have cast serious doubts on the prosecution case.

“A woman died and two others were very seriously injured in the accident, and the police made an extremely thorough investigation,” he said.

“I considered that the evidence gathered established a prima facie case and I directed that the constable be charged. "However, new evidence on the possibility of traffic light malfunction and other matters convinced Mr Saunders that a prosecution could not succeed. He is independent of the police and his opinion was as a consequence of a meticulous evaluation of the prosecution evidence.”

Mr Mitten said that in spite of the tragic outcome of the accident he had to remain objective and apply the same tests to a police driver as he would to a member of the public.

He said he considered it would have been an injustice to proceed against the patrol car driver simply because he was a policeman.

Court report, page 13