MANSLAUGHTER CHARGE.

Evening Post, Volume XCVII, Issue 27, 31 January 1919, Page 8

MANSLAUGHTER CHARGE.

ACCUSED COMMITTED FOR TRIAL

Arthur Sinclair, formerly employed as ambulance driver by the Wellington Hospital and Charitable Aid Board, appeared before Mr. F. V. Frazer, S.M., at the Magistrate's Court to-day, and was charged with having unlawfully caused the death of Dennis Diver, thereby committing the crime of manslaughter.

It will be remembered that on 9th November Diver, while crossing Ade-laide-road, was struck by the Hospital ambulance, and received injuries which resulted in his death at the Hospital some little time later.

Inspector Marsack held that the case was one which should go to the Supreme Court, as it was contended by the prosecution: (a) That Sinclair was not keeping a proper look-out, and wsa therefore unable to stop his car before striking Diver; (b) that he was driving at such an excessive speed that, although he saw the man, he was unable to stop, in time; (c) that he tried to pass The man, believing that, as the ambulance was travelling at such a speed, he could pass in front of him. Witnesses who had given evidence at the inquest regarding Diver's death were called,.and their evidence was read over to them and certified as correct.

Mr. M. Myers, for the defence, submitted that the evidence was not sufficient to warrant the case being placed before a jury, for he did not consider that a jury would return a conviction upon the very contradictory evidence submitted by the prosecution. The best judge of the speed of the ambulance, said Mr. Myers, was • the man who accompanied the driver, and, according to his statement of the speedometer reading, the speed, was between 20 and 25 miles par hour. Sinclair did the only possible thing in turning to the right to avoid the accident, as, had he kept straight on, the man would have been struck full on.

Mr. Frazer said that he did not think it was the duty of a, magistrate to speculate as to what a jury would do; it was his duty merely to decide whether a prima facie case had been made. Such a case, he considered, had been made out by the prosecution, and accused would: be committed to stand his trial at the Supreme Court. Bail was allowed on a recognisance of £100, on the understanding that accused reports daily to the police.