SOUTHLAND FATALITY

Evening Star, Issue 15916, 23 September 1915, Page 10

SOUTHLAND FATALITY

A MOTORIST PUNISHED. SENTENCE CONSIDERED TOO SEVERE. [From Otjr Parliamentarx Reporter.} WELLINGTON, September 23. A sentence of seven years was recently inflicted by His Honor Mr Justice Sim at Invercargill in the case of Louis Fosbender, who was charged with manslaughter. The charge arose out of a fatal collision between Fosbender .s motor car and a cart, the driver of the latter receiving injuries which caused his death. In the House of Representatives a few days ago Sir Joseph Ward presented a petition asking that the sentence be reviewed. The report of the Select Committee which considered the petition was

presented by Mr Escott, chairman of the committee, yesterday. It recommended that the Government favorably consider the petition. Mr Payne spoke in favor of the recommendation. Had the cart had lights on both sides of it the accident could not possibly have occurred. This was a case in which there had been no carelessness on the part of the driver of the motor car.

Sir Joseph Ward said he was very pleased to hear the recommendation made. It seemed to he a case requiring every consideration. As For-. bender had paid to the widow of the man killed a sum of £1,075. he thought in the circumstances the sentence was a very hcavv one.

Mr Wright opposed the report. The recommendation, he said, had been made on the casting vote of the chairman of the committee. The committee had practically sat in judgment on the Judge without having any report from him on the case.

Dr Thacker pointed out that two witnesses had given evidence before, the committee who had not been heard when the case was before the Judge. One of them had stated that he had almost collided with the cart five minutes before the accident occurred. The Hon. Dr M‘Nab. Minister of Justice, assured the members that when the Cabinet considered the committee’s recommendation it would have before it the Judge’s report. Mr Escott. in replying, advocated a Court of Anneal, before which criminal appeals could be heard, and then such petitions would not have to be dealt with bv Parliament.