GARDENER ALLESGES PERJURY

Northern Advocate, 8 December 1936, Page 7

GARDENER ALLESGES PERJURY

SEQUEL TO MOTOR COLLISION CASE

[Special to “Northern Aavocate”! AUCKLAND, This Day.

Allegations that evidence given by witnesses in a motor collision case in February last was fraudulent perjury were made in the Supreme Court this morning to Mr Justice Callan by Peter Percy Hurlstone, a gardener of Auckland. who asked that the judgment given on that occasion for defendant, Harold Oscar Stedman, be declared void and a new trial granted.

Hurlstone was represented by Mr Noble, and defendant, Stedman, by Mr Goldstine.

The case arose from an accident on Sejl,ember 16, 1935, when Hurlstone, riding a motor cycle, came into collision with a car owned by defendant and driven by John Heffernan on the Great South Road at the intersection with Campbell Road. The car was turning into Campbell Road at the time. Hurlstone’s Claim. At the hearing in February, Hurlstone had claimed £522 1/6 special damages and £2500 general damages for injuries suffered by him in the collision between his motor cycle and defendant’s car, owing, he alleged, to the negligence of defendant’s alleged agent, John Heffernan. Mrs Stedman, wife of defendant was in the car at the time of the collision. Hurlstone was extensively injured, and, since the trial, it had become necessary for his right leg to be amputated. In applying for the setting aside of the verdict at the trial in February and the judgment given for defendant on the ground that there had been contributory negligence on both sides, 1 Mr Noble, representing Hurlstone, alleged that, after the collision, Heffexman had pushed the car back off the concrete, where plaintiff alleged the accident took place, and on the bitumen strip in the middle of the road, where Heffernan alleged the accident had taken place.

Where Did Accident Occur?

He alleged that Heffernan by shifting the car, and by representing to the police that the car had stopped'on the bitumen, had committed fraud. He alleged that the car was shifted by Heffernan, assisted by Louis Bernard Tresidelssohn, of Ellerslie, and that, in giving evidence at the February trial, which they knew to be false, Heffernan and Mrs Stedman had fraudulently committed perjury. He asked that the verdict given previously be declared void.

Evidence that the car had been on the concrete when the accident occurred was given by Hurlstone and Mervyn John Charles Whiskell.

(Proceeding)