ACCIDENT CASE

Te Awamutu Courier, Volume 79, Issue 7077, 6 July 1949, Page 6

ACCIDENT CASE

DANGEROUS DRIVING CHARGE

MAN CONVICTED IN TE AWAMUTU COURT

Thomas Wirepa, of Te Kuiti, appeared in the Te Awamutu Magistrate’s Court before Mr S. L. Paterson, S.M. yesterday on two charges one of not carrying a current warrant of fitness in a motor truck which he was driving when it was involved in an accident on the 16th of April last on the Te Awamutu-Hamilton Main Highway, and the second of driving in a manner which, having regard to all circumstances of the case might have been dangerous, to the public. Wirepa pleaded guilty to the first charge and not guilty to the second. Dr Tyler, of the Waikato Hospital staff, was called by the police to give evidence. He stated that upon the day concerned he was travelling to Te Awamutu at a speed of approximately 40 m.p.h. when he came upon the accused’s truck which was travelling on the wrong side of the road. He , sounded his horn to pass but the truck had not moved to its correct side of the road and he thought that it was too dangerous to pass. He had followed the truck for from four to five miles when he heard the impact of the vehicle hitting a north-bound vehicle. The truck had swerved to its wrong side of the road and had crashed into a bank. He had pulled up and given the several occupants of the truck a brief examination. His examination showed that the driver Wirepa had sustained a compound fracture of the right arm and he suggested that he be sent to hospital. After conversation with the northbound driver the police had been summoned. Wirepa was dazed and it was difficult to say the cause of the condition, whether it was caused by shock or other factors. Mr Paterson asked what he meant by other factors, to which witness said that it was difficult to say if Wirepa was under the influence of alcohol. Asked if he had smelled liquor, Dr Tyler answered that there were several cartons of broken liquor bottles and a very strong smell at the scene.

Sergeant Bissett said that Wirepa was driving in a very dangerous -manner.

Wirepa then said that it was not possible for the doctor to have followed him four to five miles because he had stopped near the cemetery for two or three minutes and he did not see how witness could' have been following him the stated distance. The driver of the north-bound truck which was involved in the accident, James Scott Thwaite, a farmer of Kaipaki, was then called into the witness box. He stated that he had left Te Awamutu about 6 p.m. and had driven about a mile on the Main Highway proceeding towards Hamilton when he had become involved. He had met several cars, the first of which was lighted, and behind which there was an unlighted vehicle which was coming out as though to pass. He thought that the truck would pass safely but it had continued to come across the road and had hit the back of his truck and crashed. He had pulled up immediately and saw several Maoris surrounded by beer cartons shouting “He did it,” “He did it.” In company with the doctor he had aided in examining the occupants of the truck. He had been travelling on his correct side of the road when the accident occurred.

Constable J. T. Mills, of Hamilton, then gave evidence of an interview with Wirepa in hospital. Wirepa called no witnesses but gave evidence on his own behalf. He detailed the events leading up to the accident. He was travelling south at from 40 to 45 miles per hour and his vehicle was difficult to steer because of loose king-pins. After the accident one of his passengers told him that he had heard a definite report and his own examination of the rear tyres of the truck had revealed a cut several inches long in one of them. 'He believed that the accident had occurred as a result of a blow-out. He stated that he was not drunk and had partaken of very little liquor. Thwaite, he said, had been on his correct side of the road at the time of the impact. In answer to a question he said it was correct that his vehicle had wandered over the road. Asked why he had no lights he said that he had a bad habit of switching his lights off so as to conserve his battery and he normally switched them on when he saw another vehicle approaching. Mr Paterson said the doctor had sounded his horn to pass but had been frightened to do so. That was definite evidence of dangerous driving. The warrant of fitness, since its expiry, should have been renewed three times and on that charge he fined Wirepa 30s and 10s costs. On the second charge of dangerous driving he was convicted and fined £5 and 13s costs. Further expenses incurred by Wirepa were a translation fee of 5s and witness expenses of £3 Is 6d. His driving license was suspended for six months.