MAGISTRATE'S COURT.

Hokitika Guardian, 7 November 1925, Page 3

MAGISTRATE'S COURT.

ALLEGED NEGLIGENT DRIVING. GRKYMOUTJI, Nov. 6. Returning to Grcvmouth from Dobsou on September Kith, a motor-lorry capsized at a. sharp bend in the road near Kaiata. The occupants, about 20 workine.li employed by Mr J. Hart, contractor, for the construction of the electric power house at Dobson, were thrown from the lorry to the ground, three men being injured and removed to the Grey Hospital, where one of them. Francesco Caldana. an Italian, died the same evening. The inquest was opened lint- had to be' adjourned indefinitely owing to the absence through illness, of the Coroner (Mr W. Meldrum).

To-day the proceedings were resumed in the Magistrate's Court, before Mr Mcldruni. S.M., when serious charges were preferred against the driver of the lorry, a young man named Janies Ludwig Maehejefeski of Grevmoutli.

Accused was charged with negligently driving a, motor-lorry, thereby causing the death of Francesco Calclnna ; also with causing bodily injury to Frederick James McGrath. The hearing of these indictable offences was proceeded with, and two other .summary charges-—alleged negligent. driving of a motor lorry in r. public place, and failure to report the accident to the police—were adjourned sine' die.

After hearing lengthy evidence the Magistrate' said he had to consider as to whether there would he any likelihood whatever of a jury convicting accused. There was a considerable contradiction in the evidence. The evidence of the mc'ii travelling on the lorry was Dial it "as travelling at its usual paie. This was corroborated by Faulkner. It seemed probable that the capsize was due to the lurching of the ii!cii after il had swerved as described G'. Hat I v On the evidence ID, Worship did not consider Dial any jury would convict' Mm-hejelski. and he’ accordingly dismissed the two major charges. The summary charge of negligent driving "as withdrawn by the police, and that of failing to report was adjourned for a fortnight. The inquest into the death of Calclaiia was then resumed, Mr W. J. .Joyce appearing on behalf of deceased’s widow, and Mr Dongan on behalf of Mr Hart. Evidence was given on the same lines as that given in the Court proceedings. A verdict of accidental death in accordance with the evidence given by ])r Moore was returned.