Estimates of speed in fatal car smash

Press, 6 July 1983, Page 17

Estimates of speed in fatal car smash

A Mercury Cougar car which struck a Mini car on Memorial Avenue by Burnside Park was travelling at 125 km/h according to calculations made by a traffic engineer, Mr Justice Cook and a jury were told in the High Court yesterday. The fatal collision occurred on the evening of August 17, 1982, when the Crown alleges that two powerful American cars were being raced by two members of Operation Deep Freeze.

Elizabeth Mary Piwoski, aged 21, an electronics technician and Virgil Joseph Smith, aged 25, an electrician, have pleaded not guilty to alternative charges of the manslaughter of Kresimir Peter Ivos, aged 17, or driving at a dangerous speed and causing his death.

The case for the defence will open this morning.

Messrs C. B. Atkinson, Q.C., and A. M. Mclntosh appear for the Crown Mr B.

P. Henry and Miss N. E. McGowan of Auckland, represent Piwoski and Mr P. D. Lublow appears for Smith.

Alan John Nicholson, a traffic engineer, said that he calculated the speed of the Cougar before impact at 125 km/h. The Mini car was travelling at 20 km/h at the time of the collision and then its speed was increased to 98 km/h. The speed limit in the area was 70 km/h.

Selwyn John Grey, a company director of Tauranga, said that he was a passenger in a Bedford van travelling towards the city on Memorial Avenue when they were passed by a black Cougar and a red car in single file at high speed. In the distance the two cars had drawn alongside one another and travelled abreast.

The van had come upon a collision and Mr Grey thought that the Mini car had been cut in two. The

two cars had passed at a speed in excess of 80 m.p.h. It was his impression that the two cars were staying together, Mr Grey said. Brian Carl Cowley, a journalist, said that early on the evening of August 17 last year he was walking a dog in Memorial Avenue beside Burnside Park. He had been going towards the airport, when he saw a large black car approaching at speed which he estimated at 80 m.p.h. He had watched the car briefly because he was concerned for other traffic on the road. After going on his way, Mr Cowley had heard what he thought was a human cry or scream and,

on looking around, he had seen the Mini car spinning down the road.

On going to the scene, he had seen the Mini car on the median strip and the Cougar was also on the strip some 200 metres further up the road.

After the Cougar passed him, the pitch of the engine had seemed to increase in volume after the collision took place. The speed of the Cougar was twice that of the normal traffic, he said.

To Mr Henry Mr Cowley said that he had not seen a car coming out of Kendal Avenue.

In a statement to Constable Kenneth France, Piwoski said that she was

driving towards the city in the right lane after leaving the United States Navy Base at the airport. She had stopped at the Russley Road lights and her boyfriend, Smith had been in the left lane about two or three car lengths back. She was travelling at 75 km/h and near the Kendal Avenue intersection she came up to a little car which was going very slowly compared with her speed, Piwoski said.

After slowing down, she had swerved over to the kerb. Her car had kept going and eventually stopped in the middle kerb. When she hit the small car, she had been travelling at

no more than 75 km/h. She had braked very hard and went to the left to avoid hitting it. She knew she had caught a section of the car which came out of Kendal Avenue, Piwoski said.

“Me and Virgil were on our way home when it happened. I had a couple of beers at the officers’ club between 4 p.m. and 6.45 p.m. before the accident happened,” Piwoski said. Smith, in a written statement given to Constable Brent Patrick Wilson, said that he was driving a 1978 King Cobra Mustang and Piwoski, his girlfriend, a 1978 Mercury Cougar. As they came up to the Russley Road lights, the

signal was red. He had started to slow and the lights changed to green. The cars had been travelling at about 30 km/h and then picked up speed to about 60 km/h. Piwoski was about two car lengths ahead of him in the right lane, Smith said.

They were travelling at about 70 km/h when he had seen Piwoski’s car give a little jerk as though it had hit the kerb, and then came over into his lane.

The Cougar had just about reached the kerb on his lane before it swung back into Piwoski’s lane and on to the median strip. He did not remember seeing the Mini car.

“When we both stopped I went up to her car to see if she was all right. She said something about not seeing the guy who just pulled out in front of her. She was shocked and I gave her a hug and told her to calm down. “I ran back up the road to see if I could be of any assistance. I tried to open the door of the Mini car on the median strip because I could see one of the persons lying down across the front seat. Someone yelled out: ‘Hey, don’t do that’ and I went back to Beth because there was not much I could do,” Smith said in the statement.