CHARGE AGAINST MOTORIST

Evening Star, Issue 21013, 29 January 1932, Page 9

CHARGE AGAINST MOTORIST

AFTERBATH. OF ACCIDENT INFORMATION DISMISSED At,the Police Court this morning Albert Sidney Cookson was charged with driving a motor car along Musselburgh Rise in a manner which, having regard to all the circumstances, might be dangerous to the public. Counsel for .the defence admitted that defendant was travelling at the speed stated by the police, but contended that he had not driven dangerously. Sub-inspector Cameron said there was no evidence other than that with regard to the speed, and the charge was subsequently amended to one of driving at a speed which, haying regard to all the circumstances, might be dangerous to the public. Defendant pleaded not guilty, the charge eventually being dismissed. Shortly before midnight on the date in question, said Sub-inspector Cameron, the defendant came out of his business premises in the city, and met two other men he knew. Defendant undertook to run them home in his motor car. He/proceeded along Anderson’s Bay road to Musselburgh Rise, and defendant was travelling at about twenty-five miles per hour past the Portobello intersection. When he reached the Musselburgh corner ho was still doing between twenty and twentyfive miles an hour. He said some light dazzled him to some extent, and he was then on the correct side. Before he knew where he was he was across the road and through a fence, the car going over a bank. The two passengers were injured, and one , subsequently died. It was a particularly dangerous corner. It was laid down that the speed of a car should not exceed ten or fifteen miles an hour when it was going around a corner if tho driver did not have a clear view of at least 40ft. He suggested that the speed was altogether too high to permit the defendant to comply with the regulations. Counsel for the defendant said that this was a case in which a man was killed as the result of a car going over a bank. An inquest was held, Cookson was called to submit to a close examination. After the matter was over, the coroner exonerated Cookson from any negligence in the matter. He was going twenty to twenty-five miles an hour on a road on which there was no traffic. Defendant touched the left-hand side of the road and had only to stop himself from going over the bank. He must have touched the accelerator because it went oyer the bank. The coroner held that it was not culpable negligence. „ _ The Magistrate (Mr H. W. Bundle, S.M.) said that if defendant had been guilty of negligence it was the duty of the police to take proceedings as to causing death. The gravamen of the chargo was tho accident that occurred. It seemed to him that if a chargo were to have been laid it should have been one of negligent driving causing death. If the police proved one, it proved the other. The Magistrate said that he was prepared to reduce the charge to. one of

driving at a speed which, having regard to all the circumstances, might be dangerous to the public. Counsel intimated that defendant would plead not guilty to this charge, but defendant would admit that the speed was as stated. His Worship said that he was unable to say that a speed of'twenty miles an hour was dangerous if the car were being driven carefully. As defendant was not charged with; negligence causing death, His Worship said ho thought it improper for a charge of this nature to be made. The charge would be dismissed. ■