PROSECUTION FAILS.

New Zealand Herald, Volume LXIX, Issue 21114, 23 February 1932, Page 11

PROSECUTION FAILS.

WOMAN DRIVER IN COURT.

SEQUEL TO FATAL ACCIDENT. THREE CHARGES DISMISSED. Three charges of motoring offences arising out of a fatal accident at Orakei on December 13, and preferred against a married woman, Anna Pauline Sheath, were dismissed by Mr. F. K. Hunt, S.M., in the Police Court yesterday. The magistrate said the prosecution was to he 10gretted, and there was no evidence showing blame on the part, of the defendant. The accident was that in which a cyclist, William Henry Mitchell Lovcll, collided with a motor-car driven by Mrs. Sheath at, the junction of Tamaki Drive and Whakatakataka Bay Road. Mr. Lovell subsequently died. The charges against Mrs. Sheath were of negligent driving causing the death of Mr. Lovell, failing to give way to right-hand traffic, and cutting .1 corner. Pleas of not guilty were entered.

A companion cyclist of Mr. Lovell, Gordon Eric Smith, said he was riding about a chain behind the deceased along Tamaki Drive in the direction of the city. They were on their correct side of the road and were not travelling at an unreasonable speed. Witness saw the front part of a car emerging from Whakatakataka Bay Road, and Mr. Lovell, who was continuing along Tamaki Drive across the intersection, crashed into the running board of the car. Witness said the car was stopped instantly and it was about 14ft. from the kerb.

Cross-examined, witness said he could not tell at what speed the car was travelling, but it evidently had been moving at a slow pace. Chief-Detective Hammond said he believed the pace of the cyclists was augmented by a strong breeze fro„m the direction of Kohimarama. Mrs. Sheath had made a statement, to him in which she 6aid she took precautions on approaching the cornet with the intention of turning toward Kohimarama. She was travelling slowly. A daughter of the defendant, Joyce Sheath, who was in the front seat of the car, stated that Mr. Lovell appeared to be riding at a fast pace with his head down.

In giving judgment, the magistrate remarked that the police had taken the right course in investigating a fatal accident thoroughly. He was, however, satisfied that Mrs. Sheath should not be sent for trial on the charge of driving negligently. The corner was a dangerous one and Mrs. Sheath appeared to have followed very nearly the ordinary course of traffic before the authorities had provided a "silent policeman." The deceased seemed to have been riding at too fast a pace with his head down. Regarding the charge of failing to observe the righthand rule, the speed of the cyclist did not enable Mrs. Sheath to see him in time. Respecting the charge of cutting the corner, it seemed, according to the evidence, that there had been sufficient room between the kerb and Sirs. Sheath's car for another vehicle to pass. The three charges were dismissed.