ENGNIE-DRIVER CHARGED WITH MANSLAUGHTER.

Manawatu Herald, Volume XLVII, Issue 2960, 10 November 1925, Page 3

ENGNIE-DRIVER CHARGED WITH MANSLAUGHTER.

SENSATIONAL SEQUEL TO

OPAPA SMASH.

Napier, November 9

The sensational Opapa railway smash of September 22 had its sequel at the Napier Police Court this morning, when Frederick Lavin, driver of the ill-fated locomotive appeared before Mr. Dyer, S.M., on a charge of manslaughter.

The case is the first of its kind in New Zealand

Mr. B. J. Dolan represented Lavin, who is a stout man of middle age. His ruddy complexion gave no indication of the harrowing experiences lie underwent when the express left the rails. He Avas badly burned and suffered injuries to his skull. He has apparently iioav fully recovered from these, though he was only discharged today from the Napier hospital. Detective Butler represented the police when accused was charged to-day.. The intentions of the police had been kept very quiet and few knew that a manslaughter charge against Lavin was pending, though one or two railway officials were present.

Lavin, avlio shoAved signs of agitation when in the dock, Avas charged with causing the deaths of Murdoch Campbell, E. V. Iggulden and Kathleen Begley through his failure to observe proper precautions and care in the running of his engine, thus committing the crime of manslaughter.

A remand until November 19 was asked for by the police and granted. Bail of £IOOO, self £SOO and tAvo sui’eties of £250 each, Avas allowed.

Before the proceedings terminated, Mr. Dolan, for accused, mentioned a letter he had received from a representative of the Commission appointed to enquire into the icauses of the accident. This letter stated that the enquiry would be resumed at Napier on November 17. Mr Dolan said he wanted to protest emphatically against the continuation of the Commission’s proceedings, which might seriously prejudice accused, Lavin, in the impending trial. Mr. Dolan pointed out that in view of the criminal proceedings the Commission had already gone beyond its fair sphere of investiagation. He considered the Commission should not renew its sittings until Lavin’s trial was concluded. In the trial he was confident that irrelevant evidence unfair to the accused would not be admitted, but in regard to the Commission's proceedings he could not be similarly confident.

The Magistrate said lie appreciated Mr. Dolan’s point of view and he would make a note of the protest.