CHARGE OF NEGLIGENCE

New Zealand Herald, Volume LXVII, Issue 20678, 25 September 1930, Page 14

CHARGE OF NEGLIGENCE

RECENT MOTOR FATALITY.

FATE OF MAORI BOY.

COURT DISMISSES CASE. \

[MY TELEGRAPH.—OWN CORRESPONDENT.] ROTORUA, Wednesday.

A charge of negligently driving a motor-lorry oil tho Tnupo Road on July 10, thereby causing tho death of a Maori boy, Maniapoto liukoro, aged five years, was preferred against Hone Kira Wharckawa, who appeared in the Rotorua Police Court to-day before Mr. S. L. Paterson, S.M. Accused was also charged with driving without lights.

Dr. W. S. Wallis said that on tho night of the accident ho saw tho boy, who had been injured. Ho camo to tho conclusion that his death was caused by tho accident a short time before.

Itawo Maniapoto said the boy was his eon, and had been killed in a motor accident.

Constablo Kelly said ho interviewed accused on July 20. Accused made a statement to the effect that ho was driving on the Taupo Road when tho light went out and ho pulled to the side. A passing motorist towed him. He followed tho first car, being guided by the lights. Then his vehicle went over a bank. Ho failed to notice the bend in tho road and tho lorry turned over and over down the bank, about 100 ft.

Ateria Moki, who was a passenger, gave similar evidence. Edgar Belthworthy, forest guard, said ho passed the lorry on the night in question and went back to see what was the matter. It was raining and dark. He towed tho lorry until the engine started. Ho then drove ahead for about two miles to show tho load. After turning the corner he heard ' the trashing of glass. He turned his ear and went back and found that the lorry had" gono over the bank. He heard tho child crying. Witness secured assistanco from the Public Works camp. Accused appeared to be quito sober. Had witness been in the same position he would have taken the sanio risk. To leave the lorry where it was prior to its being towed would have been dangerous. Air. Roe, on behalf of accused, said it was a question of what the average man would have done. His client had not taken any extreme risk. Ho erred only in getting a bit far behind the front vehicle when nearing the bend which caused the accident.

Tho magistrate said accused was on the horns of a dilemma. It would have been dangerous to lcavo the lorry on the side of the road without lights. Itmay have been an error of judgment. Ho therefore dismissed the case. Accused was fined for driving without lights.