THE OPAPA SMASH.

Hokitika Guardian, 1 March 1926, Page 1

THE OPAPA SMASH.

ENGINE DRIVER FOUND GUILTY. !>V TKUEGUAI’H —PH ESS .'•S.'sX ~ OOrHUGHT. NAPIER, Feb. 28. Tht,: manslaughter charge against Frederick Larin, driver of the express train oil the occasion ot the derailment at Opnpa, concluded yesterday afternoon, when th,r- jury returned a verdict of guilty. After counsel's add roses, klis Honor, in summing up. said the chief regulation under which the jury was concerned was that which regulated the speed round the To Ante curves. The questions for the jury were:

Cl) Did the driver exceed the maximum speed round those curves? (2) If so. did that contribute to the dontli of the three persons named ?

This was a. quest ion the Crown had the right to answer affirmatively. The evidence of lhe Crown as to the speed. ■ pawn from twenty witnesses, was estimated at speeds of oft. 45. -'4. “*■ On. ami 111 miles an hour. Precise reliance could not placed on these; but ibev indicated that 11 ye speed wa- snbantiallv over 25 miles an hour. All the other witnesses called said the -peed was ex,j -ssive. that there were exclamations of alarm and that passengers were thrown about.

Against the allegations of speed, the defence had called Air Davidson, who ■mid lie noticed nothing unusual in the pace of the train, and that the brakes were applied. Mr Yates did not notice excessive speed. Tlis Honour pointed out that this evidence was purely negative. There were some persons who ditl not notice things, and these men might not bare noticed the speed of Hie train and His Honour suggested that this evidence was not much value to the jury. The jury had to decide if the preponderance of evidence as to the speed was in favour of the Crown. The defence had said that the Crown had not called the guard and assistant guard. Tlis Honour said that it was not, obligatory for the Crown to call these witnesses and otic had actually been called by the defence and bail not appeared. On the other hand if was the duty of the defence to call Air Donovan. I lie fireman, who would know Hm speed of tlio engine, and whether the brakes were applied, and .Marshall, who was an engine driver, and who would probably know the speed of the train.

Regarding the allegations of a third man on the engine and the pnesenee of drink. Tlis Honour said that those were not crucial, hut they were important. There undoubtedly was a third man on the engine right from Orntondvillo to the scene, of the accident. With regard to beer, no one hut the men in the engine would know v. hat went on there Was the speed excessive at the curve? The jury had to decide those. If they had no doubt of Hu- facts, then if wa« their duly to convict. II they had a reasonable doubt, (hey liitisl acquit accused. The jury, who deliberated for two and a-half hour.', added a strong ro- , ..aim -iidat ion to mercy. The prisoner »;o remanded for scti--11: tic e. SENTENCE OF TWO YEARS. NAPIER,. .March I. l-'ivdoriek Lavin, driver of the train which was derailed at To Ante Hill on Sept. 22nd.. who found guilty of manslaughter. utis sentenced to two years’ reformative detention by Chief *1 nstiec Skerrett who remarked that he believed he was erring on the side of mercy.