INTOXICATION ALLEGED

Otago Daily Times, Issue 26531, 5 August 1947, Page 7

INTOXICATION ALLEGED

LORRY DRIVER CHARGED ACCUSED COMMITTED FOR TRIAL Arising out of an accident in France street, North-East Vall-y, on April 26, in which a girl was knocked down and severely injured by a motor car, Michael George Wilson, aged 31, a lorry driver, pleaded not guilty in the Police Court yesterday to being intoxicated in charge of a motor car, and to causing bodily injury to Anne Mary Margaret White while 'intoxicated in charge of a car. On a further charge of being an unlicensed driver, he pleaded guilty. Mr J. D. Willis, S.M., was on the bench, Seniorsergeant J. H. Hogg prosecuted, and Mr J P. Ward represented the accused. Dr E R. Harty said that on Saturday, April 26, at 4.20 p.m., he went to the Police Station, where he examined the accused. His general demeanour was that of an intoxicated man, and in witness s opinion the accused was unfit to be in charge of a car. To Mr Ward, witness said he did' not know that the accused had suffered from war neurosis. A person suffering from Ellis would not act normally in an emerger phyllis Mary Stockdill, a house surgeon at the Dunedin Public Hospital, said she was on duty on April 26 when an injured girl was brought to the hospital bv ambulance. She was suffering from shock, an abrasion of the forehead, and a Compound fracture of the leg. She was in hospital for about three months Injured Girl’s Evidence

Anne Mary Margaret White, a laundry employee, 16 years old, said that on Saturday, April 26, at about 3.15 p.m., she left home to do some messages and was walking along France street. She rushed out to stop a car, in which she thought she knew someone, when she was knocked over by this car. Witness said she did not know the name of the driver. The car stopped and .the driver got out and asked witness if she was all right. Witness added that she knew the accused, who was her cousin, and lived in the same house. . To Mr Ward, witness said she had recognised the car, which belonged partly to her brother-in-law and partly to the accused. When she rushed out at right angles-to the car it was only about six feet away She did not blame the driver for what happened—she blamed herself. The car had swerved in an endeavour to avoid her. , .. . . . George Sinnott Wadsworth, cabinetmaker. of 54 Selwyn street, said he was part owner, with the accused, of the cai involved in the accident. He said he was not in town when the accident occured Constable V. J. Donnelly said that accompanied by Constable G. V, Strong, he went to the scene of the accident shortly after it had occurred, and later interviewed the accused at his home. Tne accused was in bed and witness gained the impression that he had consumed a fair amount of liquor. His speech was slurred and he was very white. In witness’s opinion he was drunk. The accused said he was part owner of the car involved in the accident, but denied having driven it that afternoon. Evidence was also given by Constable Strong, who said that when the accused got out of bed at his home lie was very unsteady on his feet. When the accused had dressed and accompanied the witness out lo the street, he was arrested. Sergeant C. J. L. Matheson said the accused was intoxicated when he was brought to the Central Police Station, and was unfit to drive a car. He admitted having had several beers at the Oriental Hotel, which he had left at 2 p.m. that day. His condition was sdeh that he could not remember if he had travelled home by taxi, walked, or caught a tram. He said he had not driven a car and had never owned one. Evidence was also given by Sergeant J Devlin, Constable 'G. P. Dwan, Wilfred David King, and Leonard Langlaw Hodge . . , , Submissions by Counsel Mr Ward submitted that, regarding the charge of causing bodily injury while intoxicated, the evidence failed to establish even one act or omission on the part of the accused. The only eye-wit-ness of what happened at the moment of the accident was the girl herself, and she completely exonerated the accused from any blame. If her story was correct, and it had not been challenged by the police, she was the author of her own injury and bravely admitted it. Counsel therefore submitted that a prima facie case on the indictable charge had not been established. The magistrate held that a prima facie case had been established on the indictable' charge. The charge to which the accused had pleaded guilty would be adjourned until November 23, when the magistrate intimated he would give his decision on the charge of driving while intoxicated. The accused pleaded not guilty to the indictable charge and was committed to the Supreme Court for trial, bail being renewed on the original terms.