DISMISSED

Bay of Plenty Beacon, Volume 4, Issue 153, 10 September 1941, Page 5

DISMISSED

CHARGE AGAINST WOMAN DRIVER SEQUEL TO ACCIDENT

"Motorists have to use care, but pedestrians also have to use cars,' 1 commented Mr E. L. Walton, S.M., it the local Court yesterday when dismissing information brought against Rita E. Standrin (Mr B. S. Barry) alleging that she drove :> car without due care. "Motorists cannot be cxpectetl to guard against every foolish act of a pedestrian," he added.

The case was a sequel to an accident which occurred about five months ago when, emerging from behind a school bus, Daphne Rotnana, aged 11 years was knocked flown and since, until recently, Avas in inmate of the local hospital, though at first her injuries did not appear so serious. The Police case was handled by Sergeant M. Farrell, who called Daphne Romana and a school friend. Both gave evidence to the effeci that the former had emerged from behind the bus to cross the road with the result that she was hit by a car driven by Mrs Sltandrin. The Injured girl stated that she did not see c<r hear the car before,; Ishci {was struck. The driver had spoken to her stating that it was witness' fault and when her parents had arrived had driven away.

She admitted to Mr Barry that she had been standing calling to other .children in the bus aflter she had alighted. Her school friend stated that she had called to Daphne telling her to not cross as a car was approaching. The car had been travelling at a fair speed and had giv(ng no warning by sounding tfre horn. The driver had Isaid Daphne was to blame and had driven away ifter examining her to see if injiny had been caused.

Constable Urquart read a statemont'taken from Mrs Btandrifi in which she said she had been travel" ting at about 20 m.p.h., and had sounded her horn when noticing

the stationary bus and children standing alongside. Slowing to about 5 m.p.h. she had passed the bus the children in view having left the road when Daphne ran from behind and was unavoidably struck. She had examined the girl and, not thinking she was hurt, had driven away. At this stage His Worship dismissed the information.

Two further charges, of failing to report tlie accident and driving the car, which had no warrant of fitness, wxre preferred and the plea? entered as guilty. Counsel stated I'nat the defendant had been ngrvous and anxious to reach her home only tcf find her husband had left ?or work. She did not know that she should report the accident. In legard to the warrant the car had recently been purchased and it understood. that the warrant would he current from the day of purchase.

For having no warrant a fine of 10 s with costs 10s was imposed and the penalty for fajling to report *he accident was £U with costs £1 14s.