MAGISTRATE’S COURT

Greymouth Evening Star, 17 September 1945, Page 2

MAGISTRATE’S COURT

TO-DAY’S GREYMOUTH CASES v « Messrs J. .Tennent, J.P., and E .P. Stratford, J.P., presided at a sitting of the Magistrate’s Court at Greymouth this morning. Senior Sergeant G. H. L. Holt conducted the police cases. . ■ , - „ Oswald Ernest Mutch was charged that at Totara Flat, on August 15, 1945, he did drive a motor-truck on the Greymouth-Reef ton Main Highway without due-care and attention. Wlr J. W. Hannan, for defendant, pleaded guilty. ®' The Senior Sergeant said .defendant was the driver of a Grey. Power Board' lorry which was coming towards Greymouth. He was passing Totara Flat about 8.45 p.m. and collided with a Forestry Department lorry, which was stationary on the road. The right-hand wheels of the stationary lorry were 18 inches on the left-hand side of the white centre line of the road. The lights of the stationary lorry were burning and the lorry was facing twards Reefton. The Power Board lorry travelling at great speed struck the overlap of the Forestry lorry and carried on for the best part of 100 yards before pulling up. In a statement to the police Mutch said he had made an error of judgment and had taken the lorry for a car and thus did not expect the vehicle to have an overhang. Both were table-top lorries. The side of the stationary lorry was ripped off and timber was scattered along the road for 45 yards, leading to the conclusion that Mutch was travelling at a considerable I speed. Mutch, in his statement, attributed part of the accident to the tact that the Forestry lorry was not parked as far as it could have been to the left-hand side of the road, and 1 also to the fact that it was not displaying a blue light as was required on vehicles over seven feet in width. The Senior Sergeant added that a very serious accident might have ocMr Hannan said that according to the statement of Mutch he was travelling at 28 miles an hour when he first saw the other vehicle and that he slowed down all the time he was aproaching it as the lights of the stationary lorry were dazzling him. The road was very wide at the place where the accident took place and the defence contended that the forestry lorry was right on the centreline. There was no reason why t.*,e Forestry lorry should not have been parked six to 10 feet further over to the left. He submitted that the accident was due partly to the driver of the other vehicle. Defendant was convicted and fined £2, with 10/ -costs. ANOTHER DRIVER CHARGED George Jones pleaded guilty to a charge of driving a motor vehicle pn August 15 when he was not the holder of a driver’s license, and not guilty to a charge that on the same date on the Greymouth-Reefton Main Highway at Totara Flat he did park a motor vehicle other than parallel with the direction of the roadway and with the left-hand side of the vehicle as close as practicable to the near edge of the roadway. Mr W. D. Taylor, for defendant, pleaded guilty to the first charge and not guilty to the second. , ~ The Senior Sergeant said the circumstances were that Jones on the night of the accident was driving the Forestry lorry in the direction of Rcefton. He had stopped the lorry and was waiting for two passengers to board the vehicle when the collision occurred with the lorry driven by Mutch. Jones was in the cab of the Forestry lorry and_ might easily have been killed. He, did not have a driver’s license, but that- was not a contributory cause of the accident. The police case was that he committed an error in not being as far as practicable to the left-side of the road. „ ~ Constable A. Honey, of Ahaura, said he inspected the scene of the accident after it occurred. The righthand wheels of the Forestry lorry were aproximately 18 inches to the left of the centre line ad the lorry was on its correct side. The road was 18 feet wide, with two feet of shingle on either side of the bitumen. Jones could have pulled his lorry another three or four feet over to the lefthand side of the road ,and then there would not have been a collision. To Mr Taylor: The wheels of the Forestry lorry would have been in the gravel if he had pulled over another three or four feet. The accident was undoubtedly caused by Mutch.

Mr Taylor submitted there was no case to answer. Jones had run out of petrol and had pulled his lorry practically off the road while he went to get more petrol. When he returned he put the petrol in and two men came along. Jones was going to give them a lift. With their assistance he got the lorry back on the bitumen and when, he had straightened the lorry up he stopped it to let the two men board the vehicle. He was stopped 18 inches on his correct side of the ccntfe-line, and if Mutch had exercised reasonable care there would not have been an accident. He submitted that the action of Jones in stopping where he did was perfectly reasonable. Defendant, Jones, in evidence, said he had overlooked renewing his driver’s licence. He had been stopped on the road after straightening the lorry only about 30 seconds to two minutes before the accident. • The lorry was fitted with a blue light, which be believed was burning at the time.

To the Senior Sergeant: He could have moved the lorry over a little more to the left, but not three or four feet.

Leslie Cook, sawmill worker, of Totara Flat, said that he and a man named Deacon helped Jones to get the lorry started and back on to the road after the petrol had been put into the lorry. The Forestry lorry was on its correct side of the road when the accident occurred, though it would have been possible for Jones to have moved it further to the left-hand side. Jones stopped there after getting the lorry back on to the road to pick up witness and Deacon. Mr Taylor submitted that Jones had gone over to the left as far as was practicable in the circumstances as he was going to pick up the two men. It was not a question of how far it was possible for him to move over to the left. On the charge of driving a motor vehicle without being the holder of a driver’s license Jones was convicted and fined 10/-, with 10/- costs and 12/6 police expenses. On the second charge he was convicted and discharged. Cecil Roy Wylde did not appear to answer a charge that at Ngahere on July 8 he carried on a passenger service between Ngahere and Runanga other than pursuant to the authority of a passenger service licence.

Transport Inspector J .A. Ramsay said that at 2.30 p.m., on July 8, he stopped defendant’s bus at Ngahere and asked for a permit, but no permit had been issued. The bus was carrying a Runanga football team. The Railway Road Services had the licence over the route.

Defendant was convicted and fined £2, with 10/- costs.