OPAPA RAILWAY SMASH

Hokitika Guardian, 10 November 1925, Page 4

OPAPA RAILWAY SMASH

N A ITER, Nov. 0. For the first time in iiie history of New Zealand railways an engine driver was charged with manslaughter here this morning, when Frederick Litvin was remanded on'bail in connection with the fatal smash at Opapa on .September 22.

The accident, when the Napier-AVol-lington express left the rails resulted in the deaths of Murdoch Campbell, Edward Vivian Iggtildeti, and Kathleen Begley, and Lavm was charged, with manslaughter in respect of each victim.

On the application of the police, a remand was- granted till Novemzer l-l, when a further remand till November 10 will be asked for. Rail was grauic-d self in £SOO and two sureties of £250 each. l.avin was badly burned and suffered injuries to tile skull in the smash and was only discharged from hospital tips morning. „

Detective Butler represented the police when bavin appeared in court. Larin was charged with having caused the deaths of .Murdoch Campbell, E. A’. Iggnlden and Kathleen Begley, through his failure to observe proper precautions and care in 1 lie running of his engine, thus committing the crime of manslaughter.

Before the proceedings terminated .Mr ]!. d. Dolan, who appeared for iho accused, mentioned a letter which he had received from a: representative of the commission appointed to inquire into the causes of the accident. This letter stated that the inquiry would he resumed at Napier on November 17. Mi- Dolan protested emphatically against a continuation of the commission's proceedings, which might seriously prejudice Davin in his impending trial.

Air Dolan said that, in view of the criminal proceedings, the commission already laid gone beyond its sphere of investigation. He considered that the commission should not renew its sittings until bavin's trial was concluded. In a court trial he was confident that irrelevant evidence unfair to the accused would not be admitted, but in regal'd to the commission’s proceedings lie could not be similarly confident. The Magistrate said that lie appreciated Mr Dolan’s point of view. He would make a note of the protest.