Ohakune District Court

Waimarino Bulletin, Volume 4, Issue 39, 17 March 1987, Page 10

Ohakune District Court

The following defendcd case was heard by Judge E. W. Unwin in the Ohakune District Court on Thursday 26 February. Jeffrey Mark Ramsay Quiggin, 23, grain-seed representa-

tive of Eketahuna, pleaded not guilty to a charge of careless use of a motor vehicle causing bodily injury to Gary Kevin Smith on 1 5 August last year. Court heard how two vehicles — a green Mitsubishi Galant

being driven down the Ohakune Mountain Road by Wayne Herbert Fairlie and a yellow Toyota Landcruiser being driven up the Ohakune Mountain Road by defendant — had collided at about 8.50am on the day in question. It was alleged by the prosecution that the defendant had caused the injury to his passenger by not completing an overtaking manoeuvre before he collided with the other vehicle. Because there was no marked centre line on the Mountain Road there was some doubt as to where the exact point of impact occurred. The first prosecution witness was the driver of the Mitsubishi Galant, Mr Wayne Fairlie. He told the Court that he was employed by Turoa Skifields last ski season as a bus driver and knew the Mountain Road well. On the morning in question he had been driving down the road in his own car at about 40-50mph. He had seen a line of cars coming up the road as he approached a slight bend. It wasn't until he got round the curve that he saw a yellow Toyota Landcruiser overtaking two other vehicles and on the incorrect side of the road only 50-80 metres away. Despite applying his brakes a collision occurred and witness sustained damage to the right hand front of his vehicle. The next witness was Gary Kevin Smith of Masterton who was a passenger in the front seat of defendant's vehicle. He testified that while defendant was overtaking other cars travelling uphill at "about 30mph" he saw the oncoming car "fair moving" and "floating round the corner" as it travelled downhill.

He said that the Landcruiser was travelling at "about 70km/h" at the point of impact as it regained the correct side of the road after completing the overtaking manoeuvre. Witness said that the Landcruiser somersaulted after impact and he suffered an injury to his forehead which required seven stitches. Simone Shivnan of Gisborne was the next prosecution witness. She said she had been driving up the Ohakune Mountain Road at about 60km/h with no cars ahead of her and "about 6 or 7" behind. She said she looked in the rear-view mirror and saw a yellow Toyota Landcruiser pull out to overtake from "about two to three" cars behind. As the Toyota Landcruiser drew level with her vehicle at "about 80km/h" witness saw the Mitsubishi Galant rounding the corner 50 metres ahead. She said she thought there'd be an accident so she slowed down and pulled over to the left hand side of the road. The accident occurred "about 20 feet" ahead of witness who testified she was in no doubt as to who was to blame at the time. Robert John Parish, mechanic of Auckland, was the fourth prosecution witness. He said he was driving uphill at about 55km/ h behind the previous witness' car with another four cars behind him. He looked in his side mirror and saw the Toyota Landcruiser pull out and overtake the vehicles behind him. He estimated the Toyota Landcruiser was travelling at "about 7580km/ h" when it overtook his vehicle. Witness stated: "The Toyota Landcruiser was still getting into the lane it should have been in at the point of impact ... the collision occurred on the wrong side of an imaginary centre line." Witness had first seen the downhill Mitsubishi Galant about 75 metres ahead "when the Toyota Landcruiser was level with the car in front." Constable Lance Tebbit of Wanganui was the Final witness for the prosecution. He said he attended the accident and found the Toyota Landcruiser on its side facing downhill on the left-hand (western) side of the road and the Mitsubishi Galant facing uphill on the right-hand (eastern) side of the road (i.e. both cars had ended up facing in the opposite direction to which, they had been travelling). The downhill car had left skidmarks measuring 63 feet in length. These skid marks had ended 8-feet short of the point of impact with the left-hand tyre mark measuring 6-feet from the left-hand edge of the tarseal. The width of the tarseal on this section of the Mountain Road measured 1 8-feet. Constable Tebbit said that he couldn't tell precisely where, in relation to the centre line, the point of impact had occurred as debris from the collision spread about 5-6 feet across the middle of the road.

After examining the accident site and the approaches above and below the point of impact he expressed the opinion that defendant's view of the uphill section of road ahead would have been hindered as he pulled out to overtake. The next witness was the defendant himself. He testified that he had first seen the Mitsubishi Galant "about 50 metres" ahead as it emerged from the bend and as he was level with the first car in the line of uphill vehicles. He said he had not seen the car on a straight stretch of road some 600-800 metres ahead when he began his overtaking manoeuvre. Kathleen Bremner of Christchurch was the Final witness. She gave evidence that she was also a front-seat passenger in the Toyota Landcruiser on the morning of the accident. She said that she could see the road ahead and there were no curves or bends that would impede visibility from a Toyota Landcruiser travelling uphill. She saw no car ahead when defendant commenced his overtaking manoeuvre. Witness said that defendant overtOok two other vehicles and was pulling into correct side of the road when the Mitsubishi Galant appeared. She said that the oncoming car was travelling at speed, not tracking properly and "floating" out around the corner. When the impact occurred defendant had regained the correct lane "more or less", witness said. Judge Unwin, in hissumming up, said that it was necessary, in order to establish a charge of careless driving causing injury, to prove that the defendant had not exercised the degree of diligence or skill required or was, by his driving, the major cause of the accident. He said that defendant had started his overtaking manoeuvre in an area of bush-clad road where there were a series of bends and, on this occasion, a green car. "Visibility ebbs and flows depending on the position of motor vehicles on the road," he said. In relation to the Mitsubishi Galant 's 63ft skid marks he said there was not much a driver can do except brake when he's confronted with another car only 50 metres ahead on the incorrect side of the road. He reminded defendant that the Road Code stated that a driver must ensure that he has clear visibility of the road ahead of him for 100 metres both before starting and after completing an overtaking manoeuvre. Defendant should either not have made the passing manoeuvre or he should have seen the approaching vehicle. "To overtake when you did was an imprudent decision." Defendant was convicted and ordered to come up for sentence if called upon within 6 months, disqualified from driving for 6 months and ordered to pay $450 towards the cost of prosecution. Counsel: P. Coles.