PROSECUTION FAILS

Bay of Plenty Beacon, Volume 7, Issue 55, 10 March 1944, Page 5

PROSECUTION FAILS

SEQUEL TO ACCIDENT

COLLISION OX HI LLC REST

Dismissal of the charge of negligent driving against George F. S. Furze, concluded: an interesting police action in the Whakatane Magistrate's' Court last Tuesday, when the circumstances surrounding an accident on Hillcrest, on October sth were investigated' before Mr E. L. Walton, S.M. The defendant, who was charged •with, failing to keep to the. left pleaded not guilty and was represented by Mr Barry. Constable Thorn gave tonnal police evidence in which he said that the accident took place between defendant's truck and a motor cyclist who had been badly injured •as a result of, the collision. The scene was the corner of the Ohope Road and the corner leading to the jVlaraetotara Gorge. From the wheel . marks of the truck it was obvious that defendant had gradually closed in on the corner from lift to 7ft out from the bank. The marks in-> dicated that he had actually started to cut the corner in spite of the fact that there was a good Mft clearance. To Mr Barry, witness admitted that the motor cyclist, struck •the front bumper of the truck and that the corner was a highly dangerous one. The defcnce was that Furze had been going up the gorge road in Jow gear with a heavy load. Ojii approaching the. corner he had caught sight of the motor cyclist approaching head down and at a fast speed. Had he kept on he would have been struck broadside on. so defendant had swung into the bank in order to shorten the obstruction of Ills vehicle. His action had minimised the collision, its the. motor cyclist was; travelling very close to the bank. Defendant added that -after the accident the motor cyelisjO had admitted that the accident was of his own making. "The police evidence is based on the marks found on the road" said! Mr Walton; "I find that this calls upon the defendant to exp'laijn the reason for his swerv-i iing l into the bank. He has done* this by saying that he pulled into the side to allow another travelling at a fast speed to pass his bows as it were. I'm not going to say whether his action was wrong, but it certainty ex- . why he was only 7ft. -from the bank and under the circumstances I will dismiss the information."