Hearing Of Case Against Youth After Fatality

Press, Volume CV, Issue 30983, 12 February 1966, Page 3

Hearing Of Case Against Youth After Fatality

(New Zealand Press Association) AUCKLAND, February 11.

A youth accused of dangerous driving on June 16 last year would have had difficulty in applying the-handbrake of his van because another youth was sitting on it, a witness told Mr A. A. Coates, S.M., in the Children’s Court today.

The witness had earlier described how

a car containing three youths raced past the van in Sunrise avenue, Murray’s Bay, swerved in front, turned on its side and smashed into two pieces against a power pole. The Magistrate adjourned the hearing until Monday. The defendant, aged 17. has pleaded not guilty. He is represented by Mr F. J. Harbutt Mr Hairbutt said it seemed clear that the defendant was driving his van above the speed limit but that, in itself, did not constitute dangerous driving. It was quite evident, said Mr Harbutt, that the driver of the car, who was one of the two people killed in the crash, was “baiting” for a race all the time. He submitted there was no agreement to race. The fatalities had been caused entirely by the recklessness of the driver of the car, he said. The defendant, giving evidence, said the car stopped shortly after he stopped his van to collect some friends on the way to a football practice. A youth in the car told him that they had been

“dragging” other vehicles all the way from Milford and they had travelled from there in 30 seconds. One of the occupants said to him: “How about a drag?” but he ignored him. The defendant said he drove away in his van and as far as he could remember there were two youths in the : back and one in the front passenger seat. He was driving at between 45 and 50 miles an hour when the car passed him at a speed of about 60 miles an hour. He saw the car again when he turned into Sunrise avenue. It was parked in a bus bay, facing Brown’s Bay. As he approached a corner in Sunrise avenue he heard a roar and the car swerved in front of the van. The defendant said he could feel the van going toward the left of the road. One of the passengers told him to brake, which he did. and he changed to second gear. The back of the car missed the front of the van by about three or four inches, he said. After the ear hit the pole, the youth said, he drove by slowly and stopped beside the front of the car, which was about 15 yards from the rear part. Some of the youths got out of the van and he drove down

the road to call the ambulance and police.

The defendant said he did not consider his speed excessive prior to the accident. He said he disagreed with witnesses who said the two vehicles were racing and were side by side for some distance before the bend in the road. A witness who had been sitting in the passenger seat of the van said one of the youths in the van was sitting between the witness and the defendant, between the two front seats and on the handbrake. The witness told the Court that with the boy sitting in that position the defendant would have had some difficulty in using the handbrake in an emergency. He said he had the impression that the van was travelling at a speed of 30 miles an hour before the car crashed, but the defendant’s estimate of between 35 and 40 miles an hour might be correct.