CHARGE OF NEGLIGENT DRIVING

Southland Times, Issue 23633, 7 October 1938, Page 13

CHARGE OF NEGLIGENT DRIVING

CLERGYMAN COMMITTED FOR TRIAL (United Press Association) WELLINGTON, October 5. A charge of negligent driving, causing the death of Stanley Hvid, agedl7, a grocer’s assistant, at the intersection of Salamanca road and Kelbum Parade, Wellington, on August 18, was preferred against Canon D. B. Malcolm, aged 46, organizing secretary for the Wellington diocesan centenary appeal, before Mr J. R- Stout. S.M., today. After evidence for the prosecution he , pleaded not guilty and was committed to the Supreme Court for trial. One witness said that after the accident the driver of the car said the sun was in the boy’s eyes and when he approaching the boy, who was cycling, the boy began to wobble. Evidence about the marks on the road and the marks carried by the accused’s car was presented. Counsel, Mr. S. G. Stephenson, submitted that the only fact against his client was that the collision took place on the wrong side of the road. That was explained in the defendant’s statement, where he said that in order to avoid the cyclist he decided he would have to make a definite turn to the right. When the Magistrate indicated that he intended sending the case on to the Supreme Court, Mr Stephenson said he would not call evidence at that stage. Bail was allowed in the accused’s own recognizance.

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