COLLISION WITH BUS

Evening Post, Volume CXXVIII, Issue 12, 14 July 1939, Page 18

COLLISION WITH BUS

CHARGE FOLLOWS

HOTEL PROPRIETOR FINED

"This is not a case of serious intoxication,' said Mr. A. M. Goulding, S.M., in the Lower Hutt Court yesterday afternoon, after hearing evidence in a case in which Hugh Swanson, proprietor of the Lake Ferry Hotel, Wairarapa, pleaded not guilty to being intoxicated in charge of a motor-car. "I think the case will be met by the imposition of a fine."'

Traffic Inspector C. L. Davis conducted the prosecution, and Mr. H. Pt. Biss appeared for the defer^lant. Mr. E. Lora, railway bus driver, gave evidence that at 5.15 p.m. on June 14 he left the V.I.C. corner en route to the railway station. About half-way between the V.I.C. corner and Pretoria street he saw a motor-car approaching on the crown of the road. Witness veered his bus to the left, but noticed that the car came even further across. Witness then formed the opinion that the" car driver intended to turn across the front of the bus into a right-of-way, and applied his brakes. The car- came straight on, and hit the bus. After the accident, the defendant seemed dazed. He at first seemed to think that the bus was on the wrong side of the road. When its, position, almost up against the kerb,! was pointed out to "him, he was suri prised. The defendant then said that Hie would take full responsibility, and (admitted that the fault was his. It was dark at the time, and all cars had their lights on. , Dr. H. W. Nash gave evidence of tests to which he subjected the defendant. Cross-examined, witness said that he knew at the time that the man had collided with a bus, and was presumably shaken. The defendant had mentioned that he had been under treatment because" of his eyes, and that he was in a run-down condition of health. The examination was conducted at 5.45 p.m., and the doctor certified the defendant as being unfit to drive a car. In the certificate, J witness said that the defendant showed signs of having been intoxicated a short time previously. When the tests were taken, the defendant was not badly intoxicated. Witness did not think that a nervous shock would produce the same collection of symptoms as the defendant had at the time of the test. . ■• ■ .

ON WRONG SIDE

Traffic-Inspector A. J. Archer reported on the defendant's condition after the accident. The width of the road was 43 feet, and the collision occurred 14 feet from the eastern kerb.

Mr. T. L. Jamieson, foreman of the Lower Hutt bus office, said that when he got to the s^ene of the accident the defendant was in the car and the bus driver standing alongside. The defendant accepted all responsibility.

Traffic-Inspector Davis then gave evidence. He said that from a humane point of view he thought it was better for the defendant to be allowed to go home after the medical tests.

Mr. Biss submitted that the case had unusual features. The Court had to be very sure of the intoxication, riot because of the serious nature of the charge alone, but also because .of the defendant's occupation as a hotel proprietor. The verdict, if adverse to the defendant, would have an incalculable effect on his business.

In evidence, the defendant said that he had been driving cars since 1914. On the morning of the accident" he drove sdme passengers to Wellington, and had two drinks in a Wellington hotel. He then saw;^ specialist, and later- had a drink in the course of business. No liquor was taken by him after lunch. He enumerated the people he met during the afternoon." At that time he was-under a doctor, and saw a specialist at his recommendation. When driving, north, the car ahead of him stopped, forcing him to pull to the right. It was then that he hit the bus.

Mr. G. M. Patrick, a dental mechanic, of Petone, said that the defendant had an appointment with him at 4.30 p.m. on June 14, but arrived at about 4.10 p.m. He remained until 4.50 p.m., while repairs to a dental plate were being carried out. Witness noticed a fainf smell of liquor, but the defendant was perfectly, sober.

Mr. H. Nankivell, a butcher, said that shortly before 5 p.m. on June 14 the defendant, who was an old acquaintance of his, walked into the shop. The defendant was perfectly normal, and there was no trace of any liquor.

"This is a typical case in which a great deal of evidence has been given as to whether or not the defendant was in fit condition to drive a car," said the Magistrate. "I think it is a case where reliance has to be placed in the doctor's evidence. The doctor says quite definitely that the man was not in a condition to drive. He had had drink earlier in the day, and the effects were still present."

The defendant was fined £20, and his licence was suspended for six months.