NEGLIGENT DRIVING.

Hauraki Plains Gazette, Volume XXXVII, Issue 4927, 18 January 1926, Page 2

NEGLIGENT DRIVING.

WRONG PERSON CHARGED.

CASE DISMISSED.

At the Police Court, Paeroa, this morning (before Mr J. H. Salmon, S.M.) James Davies (Mr C. Nl ONeill) labourer, Paeroa, proceeded George Barakat (Mr Porritt) motor-car agent, Paeroa, alleging negligent driving of a car at Tirohia on December 13 last. A plea of not guilty was entered. INFORMATION DISMISSED. James Davies, the complainant, said that he was proceeding along the road on his right side from Tirohia to Paeroa. There was a clear view of the road, and also of .the car which was approaching him. The defendant gave no warning, but cut across in front of him and turned into a settler’s gateway. The car ran over the bicycle b,nd damaged the front wheel and handlebars, and his leg was. slightly injured. Medical attention had not been necessary, but two days’ work had been lost as a result of the injury. Defendant had said at the time of the accident that he would be responsible for the d&image done, but nothing had been paid. Cross-examined by Mr Porritt, complainant said .that he was. travelling at ten miles an hour. When the car came so close to him he applied his free-wheel brake, and in doing so the chain broke. The car turned in off the metalled road and hit the bicycle’, but witness admitted that he was not in control of the machine owing/to the chain having broken. After the accident defendant drove him into Paeroa He had not seen .the driver give any indication that he wap going to turn off the road.

Photographs were produced showing the load at .the scene of the accident. X '

To His Worship complainant said that tlie clay road was quite dry, and not vert rough. George Barakat, defendant, s'ajd that he was not the driver pf the car when the accident happened. He was sitting in the back seat. He had made no offer to repair the bicycle

To Mr O’Neill'defendant said that there were four adults a,nd three children in .the car. His son, Francis, was driving the car. Francis Peter Barakat said that, he was, a licensed driver,, and was driving tiie car on the day in question. At this stage Mr O’Neill asked for leave to amend the charge in view of the mistake made in charging the wrong person with negligent driving. Mr Porritt objected to an adjournment.

His Worship said that if it had been a civil action it would, have been different, possibly, but being .a criminal prosecution he could only dismiss the charge owing to the mistake made. Mr O’Neill could take action against Barakat, junr., if he sp desired. Costs amounting to £3 7s were allowed defendant.