DRIVER ACQUITTED

New Zealand Herald, Volume LXXVI, Issue 23488, 27 October 1939, Page 6

DRIVER ACQUITTED

FATALITY NEAR PANMURE COMMENT BY HIS HONOR A verdict of not guilty was returned by .a jury in the Supreme Court yesterday in the case in which Horace Leonard Sanderson, storeman, aged 18 (Mr. Finlay and Mr. JRobb), tried before Mr. Justice Fair on a of negligent driving causing. ; deati. tile charge arose out of an accident trhich happened at a corner of Harding Avenue, near Panmure, on August 19, when accused's car collided vritb a cyclist, Mrs. Charlotte Ann Rogers, who was killed. Mr. V. 11. Mer&litli appeared for the Crown. The Crown completed its case on Wednesday, and Mr. Meredith did not address the jury. - Mr. Finlay said it had seldom been his privilege to appear in a case which had been so fairly presented and in which the police evidence had been so uniformly fair and impartial. "The common conception is .that the police press their cases," he said, "but I am glad to say that is not the case here." The jury, he continued, would have to decide whether a reasonable man in the circumstances would have foreseen, all the circumstances that occurred and appreciated all the factors that went to make up the accident; and, if so, whether the accused had responded to the situation as a reasonable man should. The sun suddenly shining directly into the driver's eyes as he turned the corner brought an unexpected factor into the situation. His Honor said everyone knew now that a motor-car in careless hand? was fraught with danger to other persons using the highway. The question was whether the accused had been negligent, and if so whether . his negligence caused the death of the deceased.. His Honor said he thought it proper to say that if they found the charge proved it was not. in his view, a.case for a term of imprisonment. _altfeoug# death resulted from the. accident, ine circumstances pointed rather-.to being a type of case which might met by a fine. j The jury was absent for .one an three-quarter hours before bringing-' its verdict, after which the accused vr discharged. .