MANSLAUGHTER CASE

Rotorua Morning Post, Volume 1, Issue 149, 16 February 1932, Page 5

MANSLAUGHTER CASE

MAORI'S DEATH

ANOTHER NATIVE BEFORE COURT ON GRAVE CHARGE FATALITY AT WHAKATANE WHAKATANE, Monday, Adam Te Whetu, of Ruatoki, was charged before Mr. S. L. Paterson, S.M., at the Whakatane Magistrate's Court to-day, with negligently driving a motor car on the Opouriao Road on December 31 last, causing the death of Tumoana Pokai. He pleaded not guilty, and waS represented by Mr. R. F. Smith. Ruru Paora, of Ruatoki, stated he was in Taneatua on tlie da'y of the accident. He met accused and deeeased about two o'clock and went to Taneatua Hotel. He had three drinks, all medium shandies. Accused sent him to get deceased from the hotel. Deceased was drunk when he left the hotel, but accused was sober. He had only three long beers. Witness was in a car and went to Ruatoki. There were five in Ihe car, Rangi Kingi Te Whetu, witness, deceased, and the accused. They were travelling at about 30 miles per hour. After crossing the bridge, accused slowed the car up. They met two girls who were walking on the right hand side when turning the bend riear the factory. They were about a chain away and the girls got a friglit and went on to the gvass. The car then went off the road, hit the hedge and went over. Witness was knocked out for about five minutes. When he came to, the car was lying against the ' hedge, and was facing back to Taneatua. Speed Considered Excessive Thomas Mitehell, farmer, Taneatua, stated he was working in a paddoek about 150 yards from the road, and saw the car coming about 4.30 p.m. gping toward Ruatoki. He had a good view of the car and, considered it was doing between 40 and 45 miles per hour. The speed was excessive, as it was coming- to the bend. From the bend to where the car left the road "would be about 90 yards. The car was in the middle of the road when it turned the bend. It swerved to the left, then to the right, then to the left,.^vhere it left the road. He saw and recognised the driver, who was quite sober. He could see no traces of liquor whatsoever. In his opinion, the speed was the cause of the car leaving the road. Dr. F. J. Appleby stated he was called to the accident and met the party carrying deceased to the Whakatane Hospital. He made a hurried examination of the deceased, who was unconscious, and in a very serious condition, and considered from the injuries reveived was unlikely to get better. He made a further examination in the hospital, but the deceased died about 4.15 on January 27. The cause of death was due to shock.. Mr. C. II. Brebner, Whakatane County Council engineer, stated that at the request of the police he prepared plans of the scene of the accident a few days after same had oecurred from a sketch plan given by Constable McDonnell. Coming Straight For Her Margaret Nellie Reid, of Opuriao, stated that on the day of the accident she left home at 4 o'clock and met Miss Rae and went toward Taneatua. When she reached the factory. one car passed her, and after she had passed the factory, the car in which accused was came round the corner and swerved to the left, and then to the right, and then to the driver's right and went off the road. The car was coming straight for her. She got off the road as the car was travelling very fast. Corroborative evidence was given by Myrtle Olive Rae. John Samuel Johnson, of Taneatua, licensee of the Taneatua Hotel, stated about 1.30 on the day of the accident a party of Maoris, which included deceased and accused, came to his hotel. They had about one round of drinks each, and accused had some four or five medium shandies. Witness had no cause to take exception to their behaviour. They left about 4 o'clock, and accused was very sober. Not Safe to Travei In Thomas Latham, riiotor meehanie, stated on January 4 he examined the car which was on old model Hudson. He found the car was in very poor order. The steering gear was slaek, the left hand front wheel had considerable play, allowing it to wobble. The steering bolt was slack on the chassis. The bralces on the right hand side had no lining, and the left hand side praetically none. He tested the car and found after reaehing 25 miles per hour the steering was very erratic. He put it up to 35 miles and could not hold the car. In his opinion it was not safe to travei in its condition at more than 28 to 30 miles per hour. There was no emergeney brake whatever. The slaekness of the stering was not due to the smash, Constable J. B. McDonnell stated about 4.30 on the day of the accident he went to the scene and found the car turned over in the hedge and several nathjjfes injured. HJs made an examination of the car the following morning. lOn the front left !wfh.eel there were distinct marks where the car had pivotted. Marks in the hedge showed that the car must have struck with terrific force. The driver was perfectly sober. The other natives were more or less suffering from shock. Counsel for accused stated Te Whetu would plead not guilty and would reserve his defence. He was committed for trial at .the Gisborne Supreme Court on February 23. ' Bail was allowed in personal security of £200, and one security of £200 and oue security of, £200.