MANSLAUGHTER CHARGE

Otago Daily Times, Issue 25302, 12 August 1943, Page 6

MANSLAUGHTER CHARGE

SEQUEL TO TRAM ACCIDENT CASE AGAINST MOTORMAN (P.A.) WELLINGTON, Aug. 11. The overturning of a fully-laden tram at Kilbirnie on the evening of June 12, as a result of which an airman was fatally injured and 28 other persons hurt, was the basis of a charge of manslaughter brought in the Magistrate’s Court to-day against the motorman, Donald Norman Maclean, aged 33. The airman, who died shortly after his admission to hospital, was James Edward Kerr, R.N.Z.A.F., aged £7. Twenty-two witnesses are listed for the Crown.

The working of the automatic points was explained by a tramway inspector. Witness mentioned that the defendant had come on duty late, but he was satisfied the defendant had made a genuine mistake, and he was told to take the following shift. There was no evidence of his having had drink.

The evidence of the tram despatcher was that the accused appeared to be quite sober when he came on duty.

Kathleen Hansen, conductor on the tram, said that before the defendant took over she saw him walking in the street. Because of the way he walked towards the tram he appeared to her to be drunk. She did not report the matter to the despatcher because the defendant drove the car all right. On the return trip from Seatoun she tried to fix a light which had gone out. The defendant’s overcoat was in the rack at the rear of the tram, and to get at the light she had to pull the rack out. The coat came off the hook and she noticed a bottle of beer in one of the pockets. From Lambton back to Seatoun the driving was still in order, but the tram arrived at Seatoun two or three minutes late. There was a standing load at Seatoun, and she heard the following motorman tell the defendant to go straight through and he would pick up the passengers at the intervening stops. She said the tram made three stops after leaving. As the result of comment by the passengers she noticed that the speed was unusually fast. The tram was focking because of the high speed. She intended to mention it to the motorman, but could not get through the passengers. In her opinion the accident was caused by speed.

Evidence was given by a passenger that the speed was excessive.

The accused was committed for trial, Bail was allowed.