CROWN’S CASE FAILS

Sun (Auckland), Volume 1, Issue 109, 29 July 1927, Page 7

CROWN’S CASE FAILS

MOTOR-CYCLIST ACQUITTED

PAPATOETOE FATALITY A sequel to a collision at the intersection of Great South Road and Cornwall Road, Papatoetoe, was heard at the Supreme Court yesterday, when George Pollard, aged 20, was charged with negligently driving a motor-cycle thereby causing the death of Robert Arthur Holland. Mr. Justice Herdman presided, Mr. Meredith prosecuted, and Mr. A. H. Johnstone appeared for the accused. Evidence was given by Sydney Scott, carpenter, of Papatoetoe, that while riding from Papatoetoe he passed deceased, who was on a pushbicycle proceeding in the direction of Papatoetoe. Accused, who was travelling on the centre of the roadway slightly on his wrong side, had just passed him when witness heard the motor-bicycle being shut off and then a crash. On going back he found both accused and deceased lying unconscious. Evidence was also given by other witnesses to the effect that accused, just prior to the accident, was travelling at a highdfcate of speed. His Honour pointed out to the jury that there was a serious weakness in the Crown’s case in the fact that at the critical moment, when the impact had taken place, no one had seen the collision. He suggested that the evidence fell far short of that which should be placed before a jury. Under the circumstances the jury should acquit the accused. Without retiring the jury immediately returned a verdict of not guilty.