MANSLAUGHTER CHARGE

Hokitika Guardian, 2 August 1930, Page 2

MANSLAUGHTER CHARGE

MOTORIST ON TRIAL. EVIDENCE OF ACCUSED.' (By Telegraph—Per Press Association.) ■ WELLINGTON, Aug. 1. The trial of Alfred Edward Storey, on a charge of having negligenth driven a motor car in the Ngahauranga Gorge, and thereby causing the deaths of Mr and Mrs Norman Cook, was' continued before the Chief .Justice to-day. The Crown Prosecutor, Mr Macassey, with Mr C. Evans-Seott, conducted the prosecution. Storey was represented by Mr H. H. Cornish, and Mr: N. A. Foden. , : Constable E. E. Strawbridge, who us .on the.,Scene, of the accident ■lshortiy after -the collision, described V. the marks that he found on the road. Storey’s car, he said, must have been wholly on-the wrong side of the white line, ;iO ; 'Mr -Cornish called ■ George Redyard, nrho gave evidence for the Crown in the Magistrate’s Court, but who was snot called, by Mr Maoassey, as his evidence was regarded by him as irrelevant. Witness, a motor mechanic, who recovered the car from the bottom of the gully, said that tbo steering gear had been repaired recently, There was a hidden defect, becavpe the pin might have como out. In reply to His Honour, witness said that the pin was intact when he . took the steering gear to pieces, Evidence was given by accused, who was on the way to Titihi Bay, with three lady passengers when the accident occurred. In the Ngaliauranga Gorge, he said, his speed was 18 to 20 miles, an hour. .When he arrived at the Tower Bend, in the Gorge, the car immediately ahead slackened speed to about 15 miles an hour. Storey said that he could see a further bend about C yards away. He saw a space either between the first and second, or the second and third cars, and he pulled ou to the right of the cars in front, to make for that place, thinking it was quite safe and having no intension of remaining; out on the right. Before he could "get in, another car . came round the corner. He thought < dthat Cook had plenty of' room to pass. 'Storey said that he felt a slight knock and stopped immediately. Cook’s car swung round and crashed over the baiilc. I Storey added that, under the circumstances he considered it safe to do what he did. He was not speeding and he had a 60 yards clear view when he moved out. He acted as many motorists would. Insufficient acceleration on his part, or misjudging the speed of. the cars ahead of him were, the reasons for the accident. ■ Mr Cornish, for accused, submitted .that criminal nogligenoe did not apMv-'

Hi 9 Honour did not ngree, Negligence was an absence of that care 'winch a reasonable person should use. He put the following questions to the jiiry:' (1) Was the collision caused % the negligent driving of accused? (2) if so, would the death of Mr and Mis Cook have resulted, but for such negligence of accused? '•'The Jury retired for over three hours, and returned with the following verdict:—“The Jury’s answer to question one is in the affirmative, but it strongly recommends that the accused be dealt with leniently, on the ground that the accident was brought, about the error of judgment. His Honour ruled otherwise and the Crown Prosecutor maintained it was a verdict of guilty. His Honour directed the jury to find a verdict of guilty, saying tht matter'would be referred to the 'Court of Appeal. The. foreman of the jury hesitated but finally said “Yes” to the Judge’s question. “Do you find the accused guilty.”

Accused was allowed bail in £SOO