THE OPAPA SMASH.

Manawatu Herald, Volume XLVIII, Issue 3005, 2 March 1926, Page 3

THE OPAPA SMASH.

DRIVER GUILTY OF MANSLAUGHTER,

Napier, February 28. The manslaughter charge against Frederick Lavin, driver of the express train on the occasion of the derailment at Opapa was concluded yesterday afternon, when the jury returned a verdict of guilty. After counsels’ addresses his Honour, in summing up, said the chief regulation under which the jury was concerned was that which regulated the speed round the >Te Aute curves. The questions for the jury were: Did the engine-driver exceed the maximum speed round these curves?- And if so, did that contribute to the death of the three persons named? This was a question the Crown had sought to answer affirmatively. The evidence of the Crown as to speed, drawn from twenty witnesses estimated the speeds at 50, 45, 54, 35, 40, 60, and 40 miles per hour. Precise reliance could not be placed on these but they indicated that the speed was substantially over 25 miles per hour. All the other witnesses called said the speed was excessive; that there were exclamations of alarm arid that the passengers were thrown about.

Against the allegations of speed the defence had called Mr. Davidson, who said he noticed nothing unusual in the pace of the train, and that the brakes were applied. Mr. Yates did not notice any ex-, cessive speed. His Honour pointed out that this evidence was purely negative. There were some persons who did not notice things, and these men might not have noticed the speed of the train, and his Honour suggested that this evidence was not of much value to the jury. The jury had to decide if the ponderence of evidence as to speed was in favour of the Crown. The defence had said that the Crown had not called the guard and the assistant guard. His Honour said it was not obligatory for the Crown to call these witnesses, and one had actually been called by the defence and had not appeared. On the other hand, it was the duty of the defence to call M. Donovan the fireman, who could know the speed of the 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 presence of drink, His Honour said these were not crucial, but they were important. There undoubtedly was a third man on the engine right from Ormondville to the.smse.of the accident. Wlith regard to the beer, no one but the men in the engine knew what went on there. Was the speed excessive at the curve? Was this the cause of the accident? The jury had to decide these questions. If they had no doubt of the fact, then it was their duty to convict. If they had a reasonable doubt they must acquit the accused. The jury, who deliberated for 21 hours added a strong recommendation to mercy. The prisoner was remanded till tomorrow for sentence. LAVIN GETS TWO YEARS’ REFORMATIVE DETENTION. Napier, March 1. The trial of Frederick Lavin, driver of the engine of the express which was wrecked at Opapa (Te Aute) on September 22, on a charge of manslaughter, concluded on Saturday. The jury, after a retirement of 2£ hours, returned a verdict of guilty, with a strong recommendation to mercy. The Chief Justice deferred sentence till this morning, when he sentenced Lavin to two years’ reformative detention. His Honour said he believed he was erring on the side of mercy.