JURY RETIRES

Gisborne Herald, Volume LXVII, Issue 20185, 1 March 1940, Page 9

JURY RETIRES

TRIAL OF LABOURER ACCIDENT sequel HIT AND RUN ALLEGATION The trial of jDavid Wilson, aged 20, a labourer, Manutuke, on charges of negligent driving and failing to stop after an accident at Manutuke on January 11, was continued jn the Supreme Court this afternoon before Mr. Justice Callan. The Crown Prosecutor, Mr. F. Wrey Nolan, conducted the prosecution and Mr. A. A. Whitehead appeared for Wilson. No evidence was called for the defence, and the Crown prosecutor did not address the jury. Mr. Whitehead said he considered that all the witnesses for the Crown had told the truth in their stories, but some mistakes had been made because of the different points of view of the witnesses.

He contended that the car had not been positively identified. It was difficult to explain the accused’s statement, but it was certain that he, too, was mistaken. It appeared that there were two cars and that the other vehicle had caused the accident.. His Honour, summing up, said that some of the evidence the jury might not be prepared to accept; some might be dishonest or unbelievable in other ways. It did not mean necessarily that the Crown had failed in its case because of that. It was the duty of the Crown to assemble all the available evidence that was on the scene at the time of the accident, so that it was unable to select its material. lie assumed that the girl, was injured as a result of a car striking hei cycle. If the accused had known that there had been an accident it would have been his duty io stop as promptly as was reasonably possible. His Honour said Mr. Whitehead had deligently and carefully gone over the facts. Attention was drawn to the fact that the slight bump in the car was felt about opposite Ratapu’s house qt about the point at which they later saw the injured girl. The jury retired just prior to this edition going to press.