NEGLIGENT DRIVING CAUSED COLLISION, IS JURY’S VERDICT

Manawatu Times, Volume LV, Issue 7294, 2 August 1930, Page 6

NEGLIGENT DRIVING CAUSED COLLISION, IS JURY’S VERDICT

In Ngahauranga Fatality STRONG RECOMMENDATION FOR LENIENCY Per Press Association. WELLINGTON, Last Night. Tho trial of Alfred Edward Storey on a charge of having negligently driven a motor car in the Ngahauranga Gorge, thereby causing tho deaths of Mr and Mrs Norman Cook was continued before the Chief Justice to-day. The Crown Prosecutor (Mr Maeassey) with Mr Evans Scott conducted tho prosecution and Storey was represented by Mr H. H. Cornish and Mr N. A. Fodeu. Constable E. E. Strawbridgc, who was on the scene of the accident shortly after the collision, described the marks he found on tho road. Storey’s ear, ho said, must have been wholly on tho wrong side of tho white line. ' Mr Cornish called George Redyard who gave evideuco for the Crown in tho Magistrate’s Court but who was not called by Mr Maeassey as his evidence was regarded by him as irrelevant. Witness was tho motor mechanic who recovered tho ear from tho. bottom of the gully. He said the steering gear had been repaired recently. Th-cro was a. hidden defect because the pin might have come out.

In reply to his Honour witness said that the pin was intact when he took the-steering gear to pieces. Evidence was given by accused who was on the wav to Titahi Bay with, three lady passengers when the accident occurred in Ngahauranga Gorge, He said his speed was IS or 20 miles an hour. When he arrived at the lower bend in tho gorge the car immediately ahead slackened speed to about 15 miles per hour. Storey said he could sec the further bend about 60 yards away. He saw a space either between the first and second or tho second and third cars and he pulled out to the right of the cars in front to make for that space, thinking it was quite safe and having no intention of remaining out. Before he could get iu another car came round the corner. He thought Cook had plenty of room to pass. Storey- said he felt a slight knock and stopped immediately. Cook’s car swung round and crashed over the bank. Storey added that under the circumstances he considered it safe to do what he did. He was not speeding and he had a 60 yards clear view when he moved out. He acted as many motorists would. Insufficient acceleration on his part or misjudging the ears ahead of him were the reasons for tho accident.

Mr Cornish for accused submitted ■that criminal negligence did not apply. His Honour did not agree. Negligence was the absence of that eare which a reasonable person should use. Ho put the following questions-to the jury:— (1) Was the collision, caused by the negligent driving of aceused? (2) If so, would the death of Mr and Mrs Cook have resulted but for such negligence of accused? The jury retired for over three hours and returned with the following verdict: “The jury’s answer to question 1 is in the affirmative, but it recommends that accused be dealt with leniently on the ground that the accident was brought about by an error of judgment. His Honour ruled otherwise and the Crown Prosecutor maintained that it was a verdict of guilty. His Honour directed the jury to find a verdict of guilty, saying the matter would be referred to the Court of Appeal. The foreman of the jury hesitated and finally said “yes” to the Judge's ciuC'Sition: “Bo you find accused guilty?” Accused was allowed bail of £SOO. Verdict of Not Guilty Per Press Association. DUNEDIN, Last Night. The jury returned a verdict of not ruilty in the Supremo Court to-day in tho ease in which Alexander Ralston was charged with negligently driving a motor vehicle thereby causing tho death of Robert Callander.