MAKARAKA DEATH

Gisborne Herald, Volume LXVI, Issue 20017, 16 August 1939, Page 4

MAKARAKA DEATH

GIRL CYCLIST’S FATE TRIAL OF MARK NEPIA CAli-DRIVER’S CONDITION PASSENDEH EXAMINED The trial of Mark Nepia, aged 49, a labourer, on charges of negligently driving a car and thereby causing the death of Iris Annie Berry, and of failing to stop after an accident, entered upon its second day this morning ibefore Mr. Justice Johnston in the Supreme Court in Gisborne. Mr. F. W. Nolan, Crown prosecutor, conducted the case against Nepia, and Mr. A. A. Whitehead, with him • Mr. D. C. Purdie, appeared for the accused. The sobriety or otherwise of Nepia while in charge of the car which was involved in the collision was the subject of cross-examination of one ol the Crown witnesses, who declared that Nepia’s only drink in his company was a mouthful of gin. taken at the foot of Gentle Annie Hill, en route from Waerenga-o-kuri.

Further cross-examined by Mr. Whitehead, the witness. Thomas William Trelonr, one of two passengers in Nepia’s car. stated that Nepia was sober when they commenced the journey from Waerenga-o-kuri on the evening of the accident. He had been in full control ol the car, and witness felt no nervousness. He was definite that Nepia had nothing to drink at Makaraka. The only drink he had in witness' company was a “mouthful” of gin at the 'foot of Gentle Annie. Collision Described After leaving Makaraka. Nepia was driving straight, tout too fast; witness did not feel any uneasiness, however. In the moment prior to the accident, witness said, he saw two girls on bicycles, and the car appeared to be slightly on the right of the girls. Witness called out, tout there was a possibility that Nepia did not hear him. Nepia swerved the car after striking the rearmost of the cyclists, the witness continued. He appreciated that he was under considerable stress at the time, witness added, and it was possible that the swerve occurred before the first girl was struck.

Nepia gave no sign of distress 'that witness could recall, following the crash. He himself was much distressed, and though he made a motion towards the hand-brake, no one tout Nepia had clone anything about stopping the car. The backing of the car, which lodged it in the ditch, was to witness’ mind the first move turning it round. Nepia made every effort to free the car from the ditch. He would not say that Nepia was not later at the scene of the accident; the most he could say was that he did not see him there.

Re-examined toy Mr. Nolan, the witness said that when he first saw the girls on the bicycles, they were so close that it was impossible to avoid a collision.

Saw Signs of the Accident

Walter James Robertson, a motor driver employed by the Gisborne Borough Council, described how he and a companion, John Sheridan, travelling out from Gisborne, passed a car near the Taruheru bridge road, and then found the evidences of the tragedy nearer the cemetery bend. Miss Smith, one of the cyclists who had been knocked down, was hysterical but not seriously injured, so far as he could judge, but her companion, Miss Berry, was in a very serious condition. ,

Witness’ friend, who was driving their car, went back to seek the car they had already observed, and returned with a man on the runningboard of his car. He then drove on to Makaraka to summon assistance. Mr. Purdie cross-examined Ihe witness, who stated that when he first saw Nepia’s car, it was travelling on the grass and was picking up speed. It travelled about 150 yards on the grass. When his friend went for assistance, witness gave his attention principally to assisting Miss Smith and protecting the body of Miss Berry, and while doing so he heard some one say: “Nepia’s here now.” The man who appeared to be identified as Nepia looked like the previous witness. A number of carloads of people had arrived at the scene in the meantime. Car Found in Ditch John Harold Sheridan described how lie and Robertson had discovered the evidence of the tragedy, and how he had turned back to chase the cat that had passed the spot a few moments before. Witness found this car near the Taruheru turn-off, with its rear wheels in the ditch. A man got out of 'the car and returned with him to the scenq of the accident. Witness then went on 'to Makaraka and summoned h doctor, the police, and the ambulance. To Mr. Whitehead, the witness said that there was no suggestion of his having had 'to run Nepia’s car off the road. It was ditched about a quarter of a mile from the scene of the accident. Later a number of people gathered in the neighbourhood of the accident, and Nepia could have been there without witness having seen him. Traffic Inspector’s Evidence

Robert Metcalfe, the Transport Department's traffic inspector, said that on receiving information of the collision. he proceeded to the scene in his car. En route, however, lie saw Nepia’s car ditched, and he found, in the front passenger’s seat, a Maori. His name, the witness learned later, iwas Apaapa. Witness roused him. and con. eluded that he was drunk. There was no liquor in the car. The right-hand headlamp of the car was badly tilted, and the right-hand running-board was missing.

Witness transferred Apaapa to his own car and shortly afterwards Mark Nepia came down the road, walking from the direction of Makaraka. Witness formed the opinion 'that he had been drinking, and took him also into his car, driving the two Maoris to the police station. Both men stated 'to witness that they had had liquor at Waerenga-o-kuri, and they talked together in Maori. In handing over the two men to Sergeant Moore, witness indicated Nepia as the driver of 'the car, but >Nepi£i denied i't, and Apaapa said that he had been driving.

(Proceeding.)