NOT GUILTY
A NEGLIGENCE CHARGE
MOTORIST'S SECOND TRIAL
(By Telegraph.—Press, Association.)
AUCKLAND, 4th August,
The retrial of a motorist, necessitated by the disagreement of the jury last week, took place in the Supreme Court before Mr. Justice Smith to-day.
. The charge was of negligent driving so as to cause death. It was .against Audrew Smith) aged •38 • (Mr. Allan Moody), and arose from a fatal acci'cient in Ponsonby road on 17th May. At about 6.30 that evening, William John Huniby, aged 67, of Ponsonby, while "standing in the road, was struck by the accused's motor-car and killed instantly.' Mr. Hubble conducted the prosecution. Evidence similar to that at the previous hearing was ' given by eye-wit-aiesses and others who had heard the sound of the crash after the- deceased had. aliglited from the tram. ' fhey stated that the only traffic Vb t '"i at the time comprised two tramears,-the do-, ceased, and the accused's motor'cur. The accused drove on after the accident. '
Giving evidence, the accused said Humby seemed to step right in front of him, and although he swerved he could not avoid the man. He estimated his speed at the time at about .20 miles an hour. He did not hoar anyone call out to him from the tramcar after the accident.
Several witnesses bore testimony to the accused's sobriety.
Mr. Hubble said the two questions for the jury were: Was the driver's speed a correct one in the circumstances? and did he keep a proper, look-out? Counsel submitted that the accused should lnvo seen the nian standing in the road.
His Honour said the question for the jury was whether the accused acted an an ordinary reasonable driver would have acted. The onus was on the Crown to establish beyond all reasonable doubt that the accused failed to take due care.1 He advised the jury to disregard entirely what occurred after the collision. He pointed out that the deceased was wearing a light coat, which might easily have been difficult to distinguish against the background of the traincar.
After a retirement of half an hour, the jury returned a verdict of not guilty, and the accused was discharged. ,
NOT GUILTY
Evening Post, Volume CX, Issue 31, 5 August 1930, Page 7
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