DRIVER'S TRIAL

New Zealand Herald, Volume LXXVI, Issue 23482, 20 October 1939, Page 12

DRIVER'S TRIAL

JURY FAILS TO AGREE DEATH OF WORKMAN ALLEGATION OF NEGLIGENCE The hearing of a charge against Frank Brooks, a showman (Mr. Turner), of negligently driving a motor-truck, causing the death of Patrick Daley, near SYaipu on July 3, was concluded before Mr. Justice Callan in the Supreme Court yesterday. One wheel of accused's truck ran up a. bank near a steam shovel which was clearing a slip at the side ol the road and the vehicle fell on its side on to]) of Daley, who was helping to clear the spoil. The Crown alleged that the brakes of tlio truck wore in a state of disrepair, so that accused was unable to pull up and that ho knew of their condition. Reviewing the evidence, yesterday, Mr. Turner said it was very doubtful whether a Warning notice; alleged bv the Crown to have been on the road, was there at all on the. day in question. It was not enough to show that the brakes-were bad. It must.be shown that accused knew of their condition or was in somo way blameworthy for it. Comment on Brake Tests Actually the truck had been driven from Auckland to Whangarei and back to the scene of the accident without mishap, Mr. Turner said, which seemed to indicate that the brakes were working quite satisfactorily. The brake tests were-not conducted until a month after the accident, counsel continued, and ill the meantime the truck had been repaired after its mishap. There was found to have been an alteration in their adjustment during the accident and subsequent operations. In any case, it was doubtful whether brakes, however efficient, would have had any effect in the circumstances, as the truck appeared to have gone into a skid on wet clay. Mr. G. S. It.: Meredith, who represented the Crown, said it was clear that in addition to having bad brakes accused was not,keeping a proper lookout, since evidence showed that the 1 operations at the slip were clearly visible a long distance off. The claim that the truck skidded could not be borne out, as there were no skid marks on the road, but only wheel tracks. A New Trial Granted In his summing up His Honor said the evidence regarding conversations in a garage a few days before the accident, bearing on whether accused knew of tlio condition of the brakes, was .thoroughly confusing and contradictory. After a retirement of a little over four hours the jury returned and said it could not agree and there was no chance of an agreement being readied. His Honor granted Mr. Meredith's application for a new trial at the present sessions, bail being renewed.