DANGEROUS DRIVING

Taranaki Daily News, 10 May 1935, Page 7

DANGEROUS DRIVING

MAGISTRATE’S COMMENT “LYING HIS WAY OUT OF CASE.” L. A. GOWER, ELTHAM, FINED. UNUSUAL TURN TO THE CASE. “I am satisfied this is a bad case of a inan trying to lie his way out, said the magistrate, Mr. J. H. Salmon, when fining Leslie Arthur Gower, an Eltham lorry-driver, in the Patea Magistrate s Court yesterday on charges of driving in a manner dangerous to the public and of failing to stop after a collision. Gower v/as fined £lO on the first,and £5 on the second charge, court costs amounting to £1 and witnesses’ expenses to £2 Is Bd. ■ . „ . There was an unusual turn in the case. When first called Gower did not reply and the case proceeded to the end, Constable W. Kelly prosecuting. Mr. Salmon had inquired of several witnesses their costs when Gower approached the clerk’s desk from the body of the court. After commenting on defendant’s late appearance the magistrate ordered all witnesses to give evidence again.. The case arose from a collision on the Manawapou hill on February 15 between a lorry, allegedly Gower’s, and a car driven by 'William Anstice, "Wanganui. Considerable damage was done to the car in the collision, but the lorry driver did not stop. William Anstice, Gonville, Wanganui, said that on February 15 he left New Plymouth for Wanganui by car. Just after leaving Mantttahi and on the south side of the Manawapou gorge he collided with a double-decker lorry, extensive damage being done to the car. The driver of the lorry appeared to look up just before the crash and applied his brakes and swung the wheel over. SPEED OF THE LORRY. Anstice said he thought the lorry was going at 40 miles an hour. The lorry did not stop. A tank waggon and a sedan car had driven up, and from what Payne, the driver of the waggon, told him, Anstice informed the police. Charles Payne, employed by the Vacuum Oil Company, Hawera, said that opposite the Manutahi factory he passed Gower’s lorry. The time was just after 11 o’clock. A few minutes later, after (Crossing the gorge, he came upon Anstice. The road was wide at the spot. He had no doubt that Gower was the driver of the lorry. Constable Kelly in evidence said he went to the scene of. the accident and took measurements. The road was 56 feet wide, and the bitumen 18 feet wide. Anstice’s wheel marks showed that the right hand wheels were 18 inches off the bitumen. Constable W. F. Antill, Eltham, said that on March 2 he interviewed Gower, who denied all knowledge of the accident, but who admitted that he had been to Patea that day. Constable Antill said he examined the lorry, finding only marks on the top left-hand side of the double-decker. There were no other fresh marks. Gower declined to make a statement, saying that he had nothing to make a statement about. Gower walked up from .the back ,of the court at this stage and upon being charged pleaded not guilty. “What do you mean by putting in an appearance at 11.30?” Mr. Salmon questioned him. “I Had to come down on the train with Constable Antill,” said Gower.’ BENEFIT OF DOUBT. “Well, you’ve put the court to a good deal of trouble, but I suppose we must give you the benefit of the doubt,” said the magistrate, who ordered the witnesses to give evidence again. Payne, after giving evidence again, was cross-examined by Gower, who asked whether it was true that Payne had passed another double-decker lorry. Payne in reply said he had passed another lorry, but before he left Hawera. Gower in evidence denied that he had struck any car and said he was driving at not more than 25 miles an hour. He had been driving for 13 years without accident. He considered it was impossible for him to have had an accident and not have known it. Cross-examined by Constable Kelly, Gower said that he did not know What time he left the works and he did not remembei' passing Payne. A witness driving with him could not be procured owing to his work at the freezing works, where staffing was short. “There are 37 men unemployed at Patea,” said Constable Kelly. “I do not think there would be any difficulty in procuring a man to take Gower’s friend’s place.” “I am satisfied on the evidence of reliable witnesses that the lorry was yours,” said the magistrate to Gower. “It was a very short time after the accident that Payne passed you. I think this is not only a very bad case of dangerous driving but also a very bad case of a man seeking to lie his way out of a case. For a time I considered cancelling your license, but as your livelihood depends on it I will not do so. I will instead fine you £lO, costs 10s, on tire first charge, and £5, with costs 10s, on the second, witnesses’ expenses amounting to £2 Is Bd.”