OPAPA TRAIN SMASH.

Otago Witness, Issue 3757, 16 March 1926, Page 52

OPAPA TRAIN SMASH.

ROYAL COMMISSION. SUPREME COURT PROCEEDINGS ACCEPTED. WELLINGTON, March 11. The Royal Commission which was set up to inquire into the cause of the derailment of the Wellington-Napier express train near Opapa station on September 22, 1925, sat in Wellington to-day, when a copy of the deposition and evidence heard in the manslaughter charge against the driver of the train were put in, after which the commission adjourned to con* sider its finding. Mr M. Myers, K.C., who appeared for the Railway Department, explained that previously the- commission took a certain amount cf evidence with regard to the condition of the track and rolling stock, and the general question of the time-table because it was necessary in such matters that the public should have the earliest possible information in order that its anxiety—if it had anxiety—should be allayed, but the commission would remember that counsel very carefully refrained from saying anything that would suggest or indicate their view as to the cause of the disaster. A certain part of the evidence given by Professor Scott was, by courtesy of the press, not published. It was obvious, however, that if Professor Scott’s deductions were correct there was only one cause to which the disaster could be attributed. The next thing that happened was that the engine driver, Lavin, was arrested and charged with manslaughter. Up to that point evidence had not been called before the commission as to the actual speed of the train, and as to the cause of the disaster, other than that of Professor Scott, because the engine driver was still in hospital, and it was not considered fair that evidence should be given or published which might prejudice him in any way when he was charged with manslaughter. Obviously the proper course was to allow that proceeding to go before anything further was done by the commission. The position now was that the charge of manslaughter had been heard and a jury at Napier had convicted the engine driver. The evidence that was given for the Crown during the case was the same evidence that would have been called before the commission had the commission proceeded, and had the engine driver not been arrested and charged. The commission already had the evidence of Professor Scott, and it might well be that on that evidence alone the commission could come to no other than one particular conclusion. The evidence given by the prosecution in Napier confirmed that ocnclusion. Counsel said he proposed to hand to the commission a copy of the notes of the evidence taken for his Honour at the Supreme Court trial. Unless the commission considered otherwise nothing further would be required. If the commission desired that any particular witness or witnesses be heard they would be brought, but counsel considered that it would only be an unnecessary expense to bring people to Wellington from various parts of New Zealand to give evidence that was given at the Napier trial. Mr W. G. Riddell said the commission was satisfied it would be a waste of time and expense to recall the witnesses. The proceedings had been taken against the driver and he had been found guilty of negligence by the jury. The evidence placed before the Supreme Court had had the effect of making it unnecessary to recall the winesses who gave evidei there. The commission would consider the whole of the evidence as to the condition of the track, the rolling stock, and other evidence in regard to speed, and in due course would report to the Minister of Railways. The commission desired to thank counsel for the Railway Department and ether witnesses who had given evidence in connection with the inquiry. The commission then adjourned.