FATALITY SEQUEL

New Zealand Herald, Volume LXXV, Issue 23072, 24 June 1938, Page 16

FATALITY SEQUEL

COLLISION ON HILL CHARGE AGAINST DRIVER NEGLIGENCE ALLEGED COMMITTAL FOR TRIAL On a charge of negligently driving a motor-truck on the Great North Road on April 1, thereby causing the death of Henry Bernard McCormick, Tony Garelja, orchard is t (Mr. Allan J. Moody), appeared before Mr. C. R. Orr Walker, S,M., in the Police Court yesterday. A second charge of negligent driving also was preferred. SubInspector Fox prosecuted. Dr. W. L. McL. Gilmour, of the Auckland Hospital, stated that deceased was admitted about 9.30 p.m. on April 1. Death occurred early on the following morning, due to shock and internal injuries following a fractured pelvis. A Statement by Accused A statement made by accused was produced by Constable F. W. Higgins. It Btated that he was driving his truck from Auckland to Henderson. He was travelling on the correct side of the road and the lights were burning. When travelling up the Waikumete Hill, accused saw a truck owned by deceased when lie wa3 about 25ft. or 30ft. away. Deceased's truck was stationary and although accused swerved to avoid it, a collision took place. Accused heard cries for assistance from a man underneath the truck, but as he was injured himself he was not able to render much aid. Constable R. Boag said he was called to the accident about 7.20 p.m. Accused was perfectly sober. It would not be possible to see the rear light of the stationary truck on account of overhanging timber' on the back of the vehicle. Both trucks were extensively damaged. Cross-examined by Mr. Moody, witness said he had known accused for some time and he was a very careful driver. * Making Repairs to Truck Andrew John Fitzsimon gave evidence that he had assisted the deceased to make repairs to his truck, which had stopped on the hill. Both the head and tail lights were burning. When witness left, deceased was stooping beside the right-hand rear wheel. Arthur Henry Miller described passing the stationary truck and hearing a crash when he was several yards past it. On turning round, he saw deceased lying on the ground between the wheels of the truck. His foot was caught under the rear wheel and witness freed it. He had also seen accused's truck before the collision and the headlights were showing a normal beam. A suggestion that the magistrate might use his jurisdiction and not send the case on to a jury was made by Mr. Moody. He asked the magistrate to deal summarily with the matter. Stating that there was a prima facie case, the magistrate committed.accused to the Supreme Court for trial on the first charge. Accused was remanded until August 10 on the second.