ROAD TRAGEDY

Gisborne Herald, Volume LXVI, Issue 20017, 16 August 1939, Page 10

ROAD TRAGEDY

YOUNG WOMAN’S DEATH

COLLISION' AT MAKARAKA

CAR OCCUPANTS’ EVIDENCE

SUPREME COURT HEARING

Evidence of eye-witnesses of the tragedy which cost the life of one young woman cyclist, and resulted in severe injuries to another, on June 24 last at Maknraka, was heard in the Supreme Court yesterday afternoon, when the hearing of charges of negligent driving so as to cause death, and failure to stop after an accident, brought against a Maori, Mark Nepia, aged 49 years, a labourer, was proceeded with in the Supreme Court. The accused was represented by Mr. A. A. Whitehead, with him Mr. D. C. Purdie, and Mr. F. W. Nolan conducted the case for the Crown. Mr. Justice Johnston presided. One of the earlier witnesses during the afternoon’s session was Mrs. Jean Margaret Wells, a resident of Taruheru, who at the time of the accident was waiting for friends at the intersection of Upper Gladstone road and Cemetery road. This witness deposed to having seen first the lights of two bicycles, and then the lights of a car, approaching from Makaraka, and having heard a crash, the car continuing until it had just passed her, when it pulled up. Car Zig-zagged After Crash

Witness mentioned that, just prior to the crash, she had turned her head away. Not at any time while she was looking, before or after the crash, did the car seem to be on the grass on the roadside. It did, however, zigzag more than once after the crash, and it stopped beyond the place where she was standing, and then commenced to turn round. After it went into the ditch, efforts were made by the driver to extricate it.

Re-examined by Mr. Nolan, the witness said that the brakes of the car were put on just as the car was passing her corner. Until the occupants of another car came along and questioned them, no one made an effort to get out of the ditched machine. Ben Apaapa, a Maori station worker, gave evidence that on June 23 he started for town from the other side of Waerenga-o-kuri, in company with a man named Pickles and the accused. Pickles’ car broke down and they used Nepia’s car, stopping at Waerenga-o-kuri to fill the car with petrol and to visit the hotel. They had drinks there, each having four, end on coming out witness gave Nepia £l.

His Honour: Wha,: for? Witness: Oh, just for “aroha.” He did not ask for it. Passenger’s Narrative

The witness added that Nepia wanted him to go to his place, tost he wished to get in to see a doctor. When they started for town, about G p.m., a white man joined -them, riding in the back seat. They each had a drink from a bottle of gin at the foot of Gentle Annie Hill, and two more each at the Makaraka Hotel. At the scene of the accident, witness saw the bicycles in front of the car when it was (too late to avoid a collision. He did not have time to see whether a man or woman rode the nearest machine. Witness heard only one crash. The car wont on, and witness advised Nepia to stop. Nepia neither answered nor stopped, and witness thought he had lost his head. Witness tried 'to slop the car, but did not know how to. Another car going the same wav then caused their car to swerve in the ditch, said witness. Witness did not see what became of the white man from t!ie rear seat, but another man came along <and ordered them into his car, taking them to the police station. While on the journey in the other man’s car, Nepia asked witness to say that he had driven the ear. He had agreed, though he could not actually drive a car. Nepia the Only Driver Mr. Purdie cross-examined the witness, who said they had all got wet

getting Pickles’ car out of the river, _ and that Pickles left them unexpectedly soon afterwards. Nepia was the only one left who could drive a car, and he wanted witness to stay with him overnight, but witness persuaded him, as he wanted to get to town ouickly. Nepia went into the Waerenga-o-kuri Hotel at witness’ invitation, and witness could not say how many drinks he had. Witness bought the bottle of gin there. Nepia was quite sober then, and witness was not at all uncomfortable on Gentle Annie Hill with his driving. Witness did not know what drink or drinks Nepia had at Makaraka. Counsel: He may even have had a soft drink there?—May be.

Witness was questioned by Mr. Purdie on what happened after the accident. He maintained that the car was run off the road by another car which overtook them. No Drinks at Makaraka

Thomas Treloar, a station employee on Tahunga, said that he had travelled from Waerenga-o-kuri lo Makaraka with Nepia. The car was travelling at about 40 miles per hour most of the time, and seemed to be well under control. At Makaraka, Napie and Apaapa got out of the car, but they did not go into the hotel, and Nepia did not have a drink, though Apaapa j did. After leaving Makaraka, Nepia i drove ait about 40 miles per hour, on j the correct side of the road. Witness, was shifting some gear in the back of j the car, and looked up to see the j cyclists right in front, within a j couple of yards of the car. They were j riding one behind the other, ’ with about Gvds. between them. They were about 2P. on the bitumen, on the - left side. j

Witness yelled out “Look out!, but it was too late to do anything. The car ran over the nearest girl, and the second girl swerved off the load, Nepia appearing to swerve the same way, and the car ran down the second bicycle. Driver’s Alleged Statement Nepia then drove on without slackening his pace, and witness told him to stop, as he had hit someone. His reply was that “the best thing thev could do was to get out of it!” Witness told him not .‘c be a fool, and reached for the hand brake, but Nepia stopped a little further on. and then backed into the ditch in frying to turn round. Witness went back to the scene of the accident on the run-ning-board of another car. So far as he knew, Nepia did not go back at all. Under cross-examination by Mr. Whitehead, witness said he had not known Nepia before the day of the accident. Witness had wanted to get to Gisborne to see a doctor, and had mentioned that to him. Witness thought that the car left Waerenga-o-kuri between 5.30 p.m. and 6 p.m. He could not remember whether the lights were on or not. Nepia appeared quite sober at that time. The hearing was adjourned until to-day. ''