DRIVER ON TRIAL

Poverty Bay Herald, Volume LXIII, Issue 19024, 26 May 1936, Page 4

DRIVER ON TRIAL

SEQUEL TO FATALITY ACCIDENT AT MAT AW AI NEGLIGENCE ALLEGED An Opotiki Maori, Jacob Ngatai, was on trial before Mr. Justice Reed, actingChief Justice, in the- Supreme Court today for allegedly negligently driving a motor car on November 30 at Matawai causing the death of Martin Moni, and also of causing injury to Oki Moni. Mr. East, Opotiki, appeared for the accused.

The jury empanelled comprised Alexander L. Campbell, foreman, Cyril Turner, Marry Hankey, Henry J. Bacon, Leicester \V. Walters, Sydney CL Wells, Frederick H. Ardera, George Mclntosh, Stuart A. Skeet, Sydney A. Clark, Arthur Henderson, and John J. Nolaili The Crown prosecutor, Mr. F. W. Nolan, stated that the accused had hired a car for the purpose of driving to Gisborne to see his wife. He travelled with his son George, and in the Waioeka Valley they picked up three others, Martin Moni, Oki Moni and Rau Tawhara- Taumaipaoa. The accident occurred near Matawai. Several bottles of “home brc-w f ’ were in the car. Charles Arnold Lawn, surveyor in the Lands ahd Survey Department,/Gisborne, produced a plan of the locality. Rau Tawhara Tuiimaipaoa said that the accused was driving, and witness and Martin Moni were with the accused in the front seat. Oki Moni and George Ngatai were in the back sat. About a Joezen quart bottles of beer were in the car. They had the first drink while they were at the Waioeka pa, where one bottle was consumed by the accused, Martin Moni and the witness. After they had gone a mile along the road, the three mentioned previously shared another bottle. The next drink was at Oponae, about 15 miles further on, the same three- sharing the liquor. -They shared a further battle on the top of Trafford’s Hill, another 15 miles further on. ’ None of them' were drunk at the time. They had travelled along the Waioeka. Valley at about 30 miles an hour, the car well. Down on the flat part of the road towards Matawai, the car travelled at about 35 miles an hour. Just before the car overturned the speed was about 40 miles an hour.

A short time before the accident, witness continued, the car seemed to run on to the wrong side when rounding o corner, and when it came back on to the road, the car started to sway. It then ran off the metal on to the grass, and started to make towards the river bank. The car came hack towards the.road, and hit a stump, then turning over. That was about seven or eight miles from the place where they had their last drink.

When the car turned over, witness continued, witness was caught under it, with the accused underneath him. After he climbed out, witness saw Martin and Oki Moni lying on the grass about- 3yds. away from the car. ■ Martin Moni was unconscious. Witness asked Oki how he got on, but he- would not talk. Oki appeared to be hurt. Jacob Ngatai, replying to the witness, said he did not know what was wrong with the car. The beer which had not been drunk fell out of the car when it turned over, and witness picked the bottles up, throwing them over the bank into the river. Witness thought that the accident might have been caused by travelling too fast. " -

To Mr. East, witness admitted haying said at the inquest' that 'there wa's no beer in the ear. The accused had said that the beer had been bottled only night before, and would not be as strong as beer procured in hotels: The deceased and witness drank most of the beer. The accused took one drink' oilt of each bottle, and it did not have any effect on his driving. (Proceeding)