TRUCK DRIVER GUILTY

Waikato Times, Volume 125, Issue 20952, 3 November 1939, Page 9

TRUCK DRIVER GUILTY

DEATH OF WORKMAN JURY RECOMMENDS MERCY (Special to Times.? AUCKLAND, Thursday The retrial of Frank Brooks, showman (Mr Turner), on a charge of negligently driving a motor-truck near Waipu on July 3, causing the death of Patrick Daley, was concluded before Mr Justice Calian in the Supreme Court today. The jury failed to agree at the first trial earlier in the present sessions. Mr G. S. R. Meredith and Mr N. I. Smith appeared for the Crown. The accident occurred when Daley was helping to clear spoil from a slip. One wheel of accused’s truck ran up a bank at the side of the road and the truck fell over on top of Daley, who was killed. The Crown alleged that accused was negligent in failing to keep a proper looK-out and in driving with brakes which he knew to be defective. After further evidence had been given yesterday for the Crown Mr Turner said it would be shown that the accident was not due to accused’s negligence, but to a skid caused by the muddy road surface near the slip. Accused did not know of any deficiency in the brakes and he believed the handbrake had been attended to only a few days previously in a garage. As in the first trial evidence was given for the defence by accused and a passenger in the truck. After more than five hours’ deliberation the jury returned a verdict of guilty, with a strong recommendation to mercy. Accused was remanded for sentence until next Monday.