DOUBLE MOTOR FATALITY

Taranaki Daily News, 2 August 1930, Page 9

DOUBLE MOTOR FATALITY

NGAITAUR ANGA GORGE BMA SH. PROSECUTION OF DRIVER. By Telegraph.—Press Association. Wellington, Last Night. The trial of Alfred Edward Storey on a charge of having negligently driven a motor-car in the Ngahaurangi Gorge, thereby causing the deaths of Mr. and Mrs. Norman Cook, was continued before the Chief Justice to-day. Constable E. E. Strawbridge, who was on the scene of the accident shortly after the collision, described the marks he found on the road. Storey’s car, he said, must have been wholly on the wrong side of the white line. Mr. Cornish, for Storey, called George Redyard, who gave evidence for the Crown in the Magistrate’s Court, but who. was not called by Mr._ Macassey, the Crown Prosecutor as his evidence was regarded by him as irrelevant. Witness, tire motor mechanic who recovered the car from the bottom of the gully, said the steering gear bad been repaired recently. There was a hidden defect because the pin might have come out.

In reply to his Honour, witness said that. the pin was intact when he took the steering gear to pieces. Evidence was given by accused, who was on the way to Titahi Bay with three lady passengers when the accident occurred. In Ngahauranga Gorge, he said, his speed was 18 or 20 miles an hour. When he arrived at the lower bend in the gorge the car immediately ahead slackened speed to about 15 miles an hour. Storey said he could see a further bend about 60 yards away. He saw a space cither between the first and second or the second and third ears, and he pulled out to the right of the cars in front to make for that space, thinking it was quite safe, and having no intention of remaining out. Before he could get in another car came round the corner. He" thought Cook had plenty of room to pass. Storey said lie felt a slight knock and stopped immediately. Cook’s car swung round and crashed over the bank. .

Storey added that in the circumstances he considered it safe to do what he did. He was not speeding, and he had a 60 yards clear view when ho moved out. He acted as many motorists would. Insufficient acceleration on his part or misjudging the speed o-f the cars ahead of him were the reasons for the accident.

Mr. Cornish submitted that criminal negligence did not apply. His Honour did not agree. Negligence was the absence of that care which a reasonable person should use, he said. He put the following questions to the jury: (1) Was the collision Caused by the negligent driving of the accused?; (2) if so, would the death of Mr. and Mrs. Cook have resulted but for such negligence of accused ? The jury retired for over three hours and returned with ' the following verdict: The jury’s answer to question.one is in the affirmative, but it strongly recommends that the accused be dealt with leniently on the ground that the accident was brought about by an error of judgment. His Honour ruled otherwise, and the Crown Prosecutor maintained that the verdict should be one of guilty. His Honour directed the jury to find a verdict of guilty, saying the matter could be referred to the Court of Appeal. The foreman of the jury hesitated, and finally said “Yes” to the judge’s question, “Do you find the accused guilty?” Storey was allowed bail in the sum of £5OO. ,