ALLEGED MANSLAUGHTER

Dominion, Volume 1, Issue 202, 20 May 1908, Page 8

ALLEGED MANSLAUGHTER

v COLLISION IN DUNEDIN. (BT TELEGHArH.-r-SPECIAL CORRESPONDENT.) ' ■ Dur.ndin, May 19. From tho appcaranco of tho body of Corporal. Robert Slater, who perished ill the collision at Otago Heads on- April 18, it is clear that the unfortunate young man did not lose his life by drowning, but that ho was killed . instantaneously in the collision. Tho body was .in a good stato of preservation, and tho' clothes wore intact. Tho Coroner advised the police that it would not bo-necessary to hold an inquest. Joseph Coddoi,' the owner of tho launch Matakana, which collided with tho Lady Roborts in the lower harbour on April 18, was charged with manslaughter at the Port Chalmers i Court last week. The hearing of the/ case was resumed a,t tho Duriedin Court this morning, -whon evidence was given by Messrs. Alfred Grainger, M'PJ'.'e, T. B Lowis, John M'Plioe, and Henry St. Montgomery; and the Crown Solicitor (Mr. Fraser) intimated that that , was all the evidence he proposed to call.' i Mr. "Hay: I would point out to' the Court that all the witnesses called have been 'Volunteers or, persons connected with tho Government service. Somo civilians wero on board of tho Matakana, and they wero available '-in Dunedin, but wore not called. It appears to me that-in the interests'of justice the Crown should have called those civilians. It is the Defence Department on one side, and Coddoi on the other.

Mr. Widdowson, S.M.: Tho Crown is calling sufficient evidence, to riiake'a prima facie case, I presume. . .." ' Mr.,Fraser: Exactly. I repudiate any suggestions that.: the cvidonce of the Volunteers is untrustworthy. 1 have called enough evidence, arid shall call no more.

Mr. Hay, addressing the Court, submitted that the caso did not discloso grounds for a chargo of manslaughter. Assuming , that the Crown Solicitor's statement' ,of the law was correct—which lie was by no means prepared _to admit —it had to "be proved that Coddoi's negligence contributed to the collision, and therefore to tho doatli of tho victims. There had been no evidence to show that accused had been guilty, and tho finding of tho inquiry was that the accident was .solely caused by an enor of judgment on the part of Coddoi. An error of judgment could .not be made tho ground of a chargo of manslaughter. '' ■ The Magistrate decided to. send accused for trial. . v

Accused reserved his defence, and was admitted to bail, self in £100, and two sureties of £50 each.