POLICE QUESTIONS

Hawke's Bay Herald-Tribune, Volume 81, Issue 2, 25 September 1937, Page 6

POLICE QUESTIONS

-Presu Association.)

Counsel Objects At Inquest CIVIL CLAIM PENDING

(Bv Telefrraph-

WELLINGTON, Last Night. "Counsel. urgjes that one of the reasons why the driver of the car should Court for trial is .that such a trial not; be eommitted to the . Supreme would prejudice tlie subsequeiit civil proceedings. Such a conterition is merely asking the Courts to prostitute cas6s ' of criminal negligence to questions of payment of blood. money, not by the man charged, but by liis insurance indemnifiers.',, . In these words, during the course . of/aA inquest, Sub-lnspector Dempsey . characterised the contention of coun- . sel for Kenneth Daniel Melvin, which was- made when Melvin was charged in tho Magistrate's Court on Wednesday with an indictahle offence of driving negligehtly at Hataitai, on; Aug-' ust 18, thereby causing the death of Charles Tkomas Holden, a. motorcyclist, aged 16. " : Accused was not sent for trial. Mr Mazengarb was objecting .to the methcfi of conducting the inquest upon Holden, when the sub-inspecto.r referred to the previdus hearing. The Goroner, Mr Gilbertson: "Mr Mosloy took no judicial notice of tho contention." Sub-lnspector Dempsey: N.o, but it is essential to correet any mistaken apprehension arising out of this contention. To acecpt it wouid be to re7 sume the blood money practice of ancient savagery. Mr Mazengjarb contended that the inquiry was purely one into the cause of death. The criminal charge had been dismissed. He objected to SubInspectov Dempsey asking his client whether ' he had cut the corner, or why he did not see the motor-cycle. Sub-lnspector Dempsey : Counsel has'no right to interfere as he has been doing. This Coroner's Court must ascertaih the facts. I don't care two straws about whether civil proceedings are being brought against Mr Mazen-" garb's client or his indemnifiers. Tho facts must be ascertaibed. I am not conducting the inquest. The Coronet is: I am now , in a position to ask questions wkich I was not able to ask on Wednesday. l'our client cannot now say he will incriminate himself. Mr Gilbertson said that he alone was conducting the. inquest, and ,he .approved of the method of Sub-ln-spector Dempsey's cross-examination even thougk he proposed to bring in an opui verdict. At the conclusion of the evidence, Mr Gilbertson returned an open ver dict, that Charles Thomas Holden died in tha Wellington Hospital from injui'ies 'received when his motor-cycl" collide.l with a motor-truck driven by Melvi n .