NO DECISION

Evening Post, Volume CXXXIX, Issue 45, 22 February 1945, Page 8

NO DECISION

THE JAFFRAY CASE

NEW TRIAL NEXT WEEK

The jury in the Supreme Court yesterday announced, after a retirement of more than four hours, that they could reach no decision on the case in which Hugh Alexander Jaffray, Army officer, 48. was charged with the negligent driving of a motor-car at Heretaunga on December 31. thereby causing the death of Robert Morrison. A new trial, to start next Wednesday, was ordered by Mr. Justice Blair, on the application of the Crown Prosecutor, Mr. W. H. Cunningham.

Mr. G. G. G. Watson, with him Mr. W. P. Shorland, appeared for the defence.

In his summing up yesterday afternoon, his Honour said that they started with the common ground that Morrison met his death as a result of a collision between the accused's car and Grover's car. Whether the collision was heavy or. not did not matter. There had been a dispute regarding the position of Grover's car, but it might be that the boys who were standing outside the car were somewhere near the dividing line between the rough bitumen and the smooth bitumen on their correct side.

Dr. Hope-Robertson had said that under the conditions existing, npt only could the accused not see Grover's car, but it could quite happen that the accused, in driving there, could have misjudged his position on the road and veered from one side of the road to the other. If the jury came to the conclusion that the accused was on his wrong side of the road because of momentarily impaired vision, in circumstances over which he had no control, that would offer a complete answer to the Crown.

Mr. Cunningham quite properly made no charge of speed, continued his Honour. Had he not done so, it would have been his Honour's duty to tell the jury that they could not rely on the evidence regarding the speed of the accused's car.

The jury retired at 2.48 p.m.