TOKOMARU COLLISION

Gisborne Herald, Volume LXIX, Issue 20860, 12 August 1942, Page 2

TOKOMARU COLLISION

GUILTY ON ONE COUNT FAILURE TO STOP A verdict of not guilty on the charge of negligent driving causing bodily harm and one of guilty on the charge of failing to stop after an accident was brought after a two-hour retirement by the jury which heard the charges. against Tiri Tipima, in -the Supreme Court in Gisborne yesterday. When summing up -before the retirement of the jury, Mr. Justice,Johnston said there was a strong body of evidence to suggest that the accused was riding his bicycle on the, road about aq . hour before , the. accident . .The accused’s motor-cycle, according t°th.e evidence, had been seen: about the time of the accident, though the rider was not identified, and a witness, saicl that the accused was seen walking near the accident after. it occurred. Yet the accused tolcl tlie, police that he did not ride his motor-cycle that afternoon. There was no, evidence .of negligent driving, so. far as His Honour could see, and it was not; safe to convict the accused of negligence, even if the jury believed him to be there at the time. In regard- to the charge of failing to stop after the accident, it was “arrant rubbish,” if His Honour could say so without offending counsel, to infer that, after the accused had denied being there at all, that the defence should rely on evidence that the accused was walking at the scene of the accident just after the impact. It appeared to him to be a very long and insecure plank on which to depend. ... , The accused was remanded for sentence. ...