HATEPE FATALITY

Taupo Times, Volume II, Issue 92, 23 October 1953, Page 1

HATEPE FATALITY

DEFENDANT TO PAY COSTS A collisiorr betweeri two motor cars on the Taupo-Turarigi highway, near Hatepe, on April 26 last which resulted in John David Hamilton, of Wellington, being killed instantly and his wife being critically injured, was the subject of a case in the Magistrate's Court, Rotorua, last week. Selwyn Ronald Campbell, builder, was charged before Mr W. H. Freeman,, S.M., with negligent driving, causing death. Sgt. P. A. Byrne prosecuted and Mr J. D. Dillon appeared for defendant. Mrs Hamilton in evidence said that a wasp got into*the car and she had slowed down while her husban'd removed it. Another wasp entered the car and she slowed almost to a stop, when she saw a car approaching on the wrong side of the road. The oncoming car was on its wrong side immediately ahead. Constable R. F. Burgess, formerly of Tokaanu, gave evidence of finding accused in a shocked

condition and telling of a wasp in his car. A skid mark, 46 feet in length, was visible from the point of impact to the resting place of the cars. Constable E. H. Rowlands gave similar evidence. Mr Freeman could not agree with the evidence of the defence that Campbell had been travelling at 30 m.p.h. Defendant refused to be shaken from this statement, and claimed that while attempting to rid his car of the wasp his foot had! been off the accelerator, but after the collision he had been thrown forward, pressing the pedal down. Sgt Byrne: Do you mean to say that travelling at 30 m.p.h. you j could push a car, in| forward gear, back 46 feet? Mr Freeman: What is the explanation? Witness: That is the only one I have. Mr Freeman: Yes. But what is the correct one?

Accused had given evidence of having financial and domestic troubles at the time and this, submitted Mr Dillon, jcould have affected his driving. It was an unfortunate accident, said Mr Dillon. A wasp had flown in the window, settling on accused chest, and he had brushed it off, only to see it land on his lap. After a further swipe he looked up to see the other car feet away. .

Sgt. Byrne condemned accused's method of removing insects from his car. "Imagine the confusion there would be," said Sgt. Byrne, "if everybody adopted the same method of ridding their cars of insects." The other driver had slowed down and pulled over to the extreme Jteft of the road. During cross-examination accus- I ed admitted uncertainty of his ac-j tions before and during the collision. Worries, he said, had affected his driving. Mr Freeman: Then you shouldn't be driving. Sgt. Byrne said that defendant was of good character and had been unremitting in his efforts toward the survivor. Defendant was eonvicted of negligent driving causing death, and was ordered to pay costs, amounting to £47/15/-, I 4 . t