AUCKLAND MOTOR FATALITY

Hokitika Guardian, 7 November 1927, Page 1

AUCKLAND MOTOR FATALITY

THE RACIST TH LAI

Mi- W. S. Short, 1.5.0., whose wife was tin l victim of u fatal accident which resulted in W. S. Rugby’s recent trial for manslaughter, writes to the Press as follows concerning the facts of the

" As I am the person most affected by the manner in which the Supreme Court has dealt with this ease I respectfully ask you to print the following protest:—

“The facts in this ease are beyond doubt. On the evening ot September PC. last my wife and grandson stepped off the footpath in Munukau Road to hoard a t rallicar that was slowing down to pick them up. As they did so Rugby came up in his ear. hoping, no doubt to gel past the traniear before it came to a full stoj). At the very moment when the trniiiear stopped Rugby’s ear struck my wife and grandson, and by the impact carried her body some sixty feet along the road, thereby killing her and seriously injuring my grandson. Rugby then cleared out without stopping, in an effort to escape detection. “ Was Rugby’s action in negligently driving and killing my wife lawful or unlawful? Mail lie any excuse? The jury by its verdict practically decided that he had no excuse, for it finally decided that he was guilty of negligent driving, thereby killing my wile. The foreman of the jury told the judge that the jury was of opinion that my wife should not have been on the road until the trnmear had quite stopped. The judge in reply said that made no difference, hut lie did not tell the jury that she had, under common law, just as much right to lie on the road for a lawful and necessary purpose as Rugby had.

A fine of L'iOO and cancellation of Rugby's license to drive a motor-car for two years is farcical, seeing that many people drive without a license and that if they are taught doing so (which is very difficult) they are only lined from 10s to Cl. •• Again, the strongest witness available for the Crown was not called by the police, via., a man who actually saw the accident and who, I am informed, was prepared to state that Hugh' travelled much faster than he or other witnesses testified. It was from this man's description of the motor-car that it was ultimately traced.” A a Government official my hands are tied and I am unable to make a public explanation of why the witness was not called,” said Police Superintendent (I. W. Wnhlmann. after he bad read the letter to-day.

The Acting-Crown Prosecutor, Mr S. L. Paterson, said that he had nothing to sav about Mr Short’s comment’s.