Driving charges dismissed

Press, 1 August 1989, Page 27

Driving charges dismissed

A youth, aged 17, will not have to face trial by jury on charges alleging his careless driving at speed caused the deaths of two people in another, car.

After a preliminary hearing in the Children and Young Persons Court, yesterday, Messrs J. B. Andersen and C. W. Crawford, Justices of the Peace, held there was insufficient evidence to commit the defendant for trial.

He was discharged of the charges of causing the deaths of Darryn James Thomson and Leah Michelle Avery by driving in excess of the gazetted speed limit of 70km/h.

The prosecutions were brought by the Ministry of Transport, represented by Miss Catherine Cull.

The charges arose from a collision between the defendant’s car, and a car driven by Mr Thomson, at the intersection of

Blenheim and Curletts roads about 11.50 p.m. on August 6 last year. During the hearing of . prosecution evidence the Court heard that the defendant had travelled at a speed estimated by a witness to be at least 100 km/ h. A breath test after the accident showed he was under the permitted level, at 200 micrograms of alcohol, per litre of breath. The deceased, Mr Thomson, ascertained as being the driver of the other car, was found to be a disqualified driver and to have a ratio of 150 mg of alcohol per 100 ml of blood. Miss Cull, in the ministry’s outline of the prosecution case, said a witness’ evidence would be that the defendant’s car had been travelling at a speed estimated at not less than lOOkm/h. Skid tests showed the

calculated’ speed of his vehicle at no less than lOlkm/h before the collision.

A 70km/h speed limit was posted for the area.

When questioned the defendant said he did not notice the other car until he was just about to enter the intersection, before the limit lines.

A breath-screening test taken from the defendant registered positive, but an evidential breath test he underwent gave a negative result.

The other car’s driver, Mr Thomson, and his passenger, Miss Avery, were found to be dead when taken to Christchurch Hospital. Post-mortem examinations showed they had died of multiple injuries suffered in the accident.

A blood specimen taken from Mr Thomson’s body showed a ratio of 150 mg of alcohol, to 100 ml of blood. A sample of Miss

Avery’s blood showed no alcohol.

A traffic officer, when cross-examined, said he had recorded a statement by the defendant at the scene, that he had been travelling at 40 miles an hour with the green light in his favour, and the other car turned right in front of his.

Mr Kevin Searle, who appeared with Miss Karen Marshall for the defendant, successfully submitted there was no case for him to answer to the charges.

He said that even if speed by the defendant was established — and he would submit the evidence did not show this — it was still incumbent on the prosecution to show it was an element in the careless use.

Counsel said a traffic sergeant accepted that the defendant had the right of way.

There was no suggestion alcohol affected the

defendant’s driving. Evidence of a passenger in the defendant’s car, called by the prosecution, was that the defendant was concentrating on his driving. A pathologist’s evidence was that Mr Thomson had a ratio of 150 mg of alcohol per 100 ml of blood — nearly twice the permitted level.

Miss Cull submitted there was carelessness by the defendant which caused the deaths of the occupants of the other car, and this carelessness was in combination with speeding.

There might be some contribution towards the collision by the deceased driver but the Court had to look at the actions of the defendant, and whether he had been careless and had travelled at speed.

She submitted there was sufficient evidence to put him on trial.