"BLOOD MONEY"

Evening Post, Volume CXXIV, Issue 74, 24 September 1937, Page 10

"BLOOD MONEY"

ACCIDENT CASES

BACK TO TRIBAL LAW

REMARKS AT INQUEST

"Counsel urges that one of the reasons why the driver of a car should not be committed for trial to the Supreme Court is that such trial would prejudice subsequent civil proceedings. Such a contention is merely asking Courts to prostitute cases of criminal negligence to questions of the payment of blood money, not by the man charged, but by his insurance indemniflers. It is going back to tribal law."

In these words, during the course of an inquest today, Sub-Inspector J. Dempsey characterised the contention of Mr. O. C. Mazengarb, counsel for Kenneth Daniel Melvin, made when Melvin was charged before Mr. E. D. Mosley, S.M., in the Magistrate's Court on Wednesday, with the indictable offence of driving negligently at Hataitai on August 18, thereby causing the death of Charles Thomas Holden, a motor-cyclist, aged 16. The accused was not sent for trial.

Mr. Mazengarb was objecting to the method of conducting the inquest- upon Holden when Sub-Inspector Dempsey referred to the-previous hearing.

The Coroner (Mr. E. Gilbertson): Mr. Mosley took no judicial notice of the contention?

Sub-Inspector.Dempsey: No. But it is essential to correct any mistaken apprehension arising out of this contention. To accept it would be to resume the blood money practice of ancient savagery. On a number of occasions during the hearing of the inquest, Mr. Mazengarb and Sub-Inspector Dempsey exchanged remarks regarding the asking of a number of questions. At one stage of the proceedings an onlooker shouted some words and rushed through the door of the courtroom, slamming it and disappearing down the stairs. Mr. M.azengarb contended that the inquiry was purely one into the cause of death. The criminal charge had been dismissed. He objected to SubInspector Dempsey asking his client whether he cut the corner, or why he did not see the motor-cycle. Sub-Inspector Dempsey: Counsel has no right to interfere as he has been doing This Coroner's Court must ascertain the facts. I don't care two straws about whether civil proceedings are being brought against Mr. Mazengarb's client or his indemniflers. The facts must be ascertained. I am not conducting the inquest; the Coroner is. I am now in a position to ask questions which I was not able to ask on Wednesday. Your client cannot now 1 say he will incriminate himself. Mr. Gilbertson said that he alone was conducting the inquest, And that he approved of the method of SubInspector Dempsey's cross-examination, even though he proposed to bring in ah open verdict at the conclusion of evidence. Evidence following closely that given on Wednesday was given. At the conclusion of the evidence and discussion, Mr. Gilbertson returned an open verdict that Charles Thomas Hoiden died at Wellington Hospital on August 23 from injuries received when his motor-cycle collided on August 18 at Hataitai with a motor-truck driven by Kenneth Daniel Melvin.