MATAWAI FATALITY

Poverty Bay Herald, Volume LXIII, Issue 19024, 26 May 1936, Page 6

MATAWAI FATALITY

TRIAL OF A MAORI MOTOR ACCIDENT SEQUEL CASE FOR THE CROWN The trial of -Jacob Ngatni cm a charge of negligently driving a motor car at .Matawai on November 30 causing the death of Martin Moni and injury to Old Moni was. continued before Mr. Justice Rood in the Supreme Court (Ids afternoon. Mr. F. \V. Nolan conducted the case for the Crown, and Mr. Fast appeared for the accused. The witness, Ran Tawhara Taumaipaou, admitted that he caught hold of the steering wheel just before hitting) the stump. 1 {is Honour: Did you not say anything about this at the inquest. Witness: No. Witness, added, to further questions from Mr. Fast, that had ho not grabbed the wheel, the car would have gone over the. bank into tho river ; instead, the car hit the stump. He told the accused afterwards that if witness had notgrabbed the wheel, all of them might have been killed.

Mr. Nolan: The inquest was held the same day, and you did not- think of saying anything about it then? Witness: 1 did not think of it then.

The evidence, of George Ngntai, son of the accused, was read because he was ill and unable to attend. Sixteen bottles of iieer were put- into the car before leaving. 11 is lather did not appear to have any trouble with the car, and the beer drunk (lid not, seem to affect- his father s driving. »

Oki Moni, labourer, Ojiotiki, said the first drink was taken a mile or so on the Gisborne side of the Waioeka pa. and bis father, Ran, and the accused drank between them one and a half to two hollies of heer. More drink was consumed at Oponae and Trafford's Ilill, while another holtle was drunk while the car was in motion. At the time of the accident, the car was travelling between 40 and 59 miles an hour. As a result of the accident, witness was in hospital from November 30 to January 13 with a double fracture of the jaw and a broken shoulder blade. The accident, might have been caused partly by drinking, and partly by the brakes of the car, which had hydraulic hiakes which had to be [lumped before they would act. To .Mr. Fast, witness said that in the lower court he did not say that a cause of the accident was drinking.

Dr. 11. M. Rudd, superintendent of the Opotiki Hospital, described the- previous witness’ injuries, which included the jaw broken in two places, fracture of tile right shoulder and fracture of lhe collar hone. Fthel Pritchard, district nurse, Matawai, said she- visited the scene at the accident. The deceased at the time was unconscious and had no pulse. Her clforls to revive him failed, and he died shortly after her arrival. There were no external signs of injury, and she believed that death was caused by multiple chest injuries. O'ki Moni was also unconscious, and was taken to Opotiki Hospital. The accused was suffering from a sprained ankle, and she took him with the deceased to Matawai. The accused complained that the accelerator had jammed and he had lostcontrol of the car.

To Mr. East, witness said she did not see any signs of liquor on any of the Maoris.

Maurice Oxley Kidil, motor garage proprietor, Opotiki, said that the accused had hiied from him a sedan car. When it was returned to him, the car was badly bent and smashed. The estimated cost of repairs was about 51100. A few days before hiring the car out, he had driven if to Auckland, another person driving it back. On the trip north, the. car went well, and was in quite fair mechanical order. The I,rakes were fair, and gave him no trouble; neither did the. accelerator pedal. On the Auckland trip, a slight pick-up was necessary on the hydraulic brake pedal. After applying the brakes continuously for some time the pedal must ho released and brought down again ; hence the term pumping. He explained this to the accused when arranging for the hire of the. car. To Mr. East, witness admitted that lie had experienced a jamming of the accelerator pedal. A person who had never had (he experience of an accelerator jamming might not know how to act in the circumstances. Roland Jones, motor mechanic, Matawai, said he examined the car involved in the accident on the same day. The ear was lying on its side. He got into the car and tried the accelerator and brake pedals, which worked quito wellThe car was then righted, and again he tested the pedals. The brakes; worked quite efficiently, one depression of tho pedal being sufficient to bring the brake on. The accelerator pedal was working freely.

To Mr. East, witness said that- the force of the impact could have caused the accelerator pedal to be released. (Proceeding)