MOTOR FATALITY

New Zealand Herald, Volume 81, Issue 25047, 10 November 1944, Page 7

MOTOR FATALITY

DRIVER FOUND GUILTY NEGLIGENCE CAUSING DEATH The trial of Anthony Ormsby, aged 5.'1 (Mr A. H. .JohnsUme, K.C., and Mr 0. Skelton), on a charge that while in a state of intoxication in charge of a motor-car, by act or omission he caused the death of Miss Elizabeth Jane Tring. was concluded before Mr Justice Fair yesterday. There was an alternative charge of negligently driving a. motorcar so as to cause Miss Tring's death. The Crown Prosecutor, Mr V. R. Meredith, appeared for the prosecution. Miss Tring, a retired schoolteacher, was struck by accused's car at the corner of New North Road and Richardson Road, Mount Albert, on the evening of July 25, and received injuries from which she died in hospital on the following morning. Accused, who described himself as a Public Works contractor and licensed interpreter, said he had been driving motor-cars for '2o years. The only drinks he had had on the day of the accident were" two whiskies. Approaching Richardson Road along New North Road he slowed to about Jf> miles an hour. The road was clear. Suddenly, almost, in front of his right-hand mudguard, a figure appeared. The figure stepped lorword and he applied his brakes, but ii was too late and the woman was carried across the intersection. The car stopped right on the intersection. After his arrest he asked for several doctorbut the police were unable to get one to come. He was not affected in any way by liquor. To Mr Meredith, accused said he did

not know that he was driving all over the road. He did not know where the woman came from. He thought she was killed, and he was shaky and nervous after the accident. Three witnesses gave evidence that accused was quite sober and normal late in the afternoon before the accident Mr Johnstone, in hie address, commented on the fact that, although accused had a right to medical examination after the accident, and repeatedly demanded it, no such examination was made. Mr Meredith submitted that the matter was one of extreme simplicity. On a clear night, on a straight road with no obstructions, an old lady, carefully making her way across the road, was run into by a motor-car and killed. It was not reasonable to suggest that such a tiling had happened without carelessness on the part of the motorist. After a retirement of two hours the jury brought in a verdict of not guilty on the first charge, but guilty on the alternative count of negligent driving so a.s to cause death. There was a strong recommendation to mercy. Accused was remanded for sentence. JURY DISAGREES CHARGES OF THEFT The trial of Robert James Nasmith, a fitter, aged 20 (Mr Dickson), on two charges of theft of motor-car wheels, tyres and tubes, or alternatively receiving them knowing them to be stolen, was concluded yesterday before Mr Justice Cailan. Mr Cleal prosecuted for the Crown. The jury disagreed and a newtrial was ordered.