Ohakune District Court

Waimarino Bulletin, Volume 5, Issue 2, 9 June 1987, Page 4

Ohakune District Court

The following defended case was heard by Judge P. J. Toomey of Palmerston North in the Ohakune District Court on Thursday 28 May. Sergeant Neil Coker of Ohakune appeared for the police. Gail Joan Morrison, 24, school teacher of Auckland, appeared on a charge of careless use of a motor vehicle on the Ohakune Mountain Road on 5 September last year. She had pleaded not guilty earlier this year. Court heard from the first prosecution witness, Sandie Hutchinson a student of Wellington, how, as she was pulling out of one of the carparks below the Turoa Skifield to join the line of cars moving down

the road, she had been forced to stop because the car in front of her had stalled. Witness said that defendant's car - a Landrover - struck her Mazda in the rear. Witness said that she pulled to the side of the road and got out of her car but said that defendant's Landrover did not stop and continued down the Mountain Road in the line of traffic. She was unable to catch up with defendant until both vehicles were in Ohakune township when, on confronting defendant about the rear-end collision, she claimed she was verbally abused by defendant who refused to provide her name and address. The next prosecution witness was Bryan Norton,

conservation officer of Tauranga but formerly (at the time of the incident) a Tongariro National Park ranger who was on duty supervising Ohakune Mountain Road traffic at about 4.15 p.m. on the day in question. He testified that while observing traffic leaving the carpark he saw th previous witness's Mazda stop behind the stalled car. He saw the creamcoloured Landrover leave the carpark to join the downhill traffic behind the silver-coloured Mazda. He noted a "look of surprise" on defendant's face when she looked to the right just before impact. He observed the Mazda driver get out of her car but was directed back into car and asked to pull off to the side of the road by a skifield employee in order to keep the road clear. Witness said he observed the Landrover pass the Mazda to join the line of downhill traffic behind the previously stalled car. Under cross-examination he said that both vehicles - the Mazda and the Landrover - were on a slight upward incline at the time of the accident but he had not seen the Mazda roll back. Defendant then entered the witness box to give evidence. She said that as she moved out of the carpark to join the line of traffic "the Mazda would not let me in." She moved in behind the Mazda and then saw it stop before rolling back towards her at which stage she claimed to have muttered to herself "stop, stop, stop baby". She said that she had not given her name when requested to do so later by the owner of the Mazda because she hadn't realised she was required to do so following an accident involving another vehicle and because "it wasn't my fault anyway". The next deferice witness, Linda Brown, a student of Auckland, said she was a passenger in the Landrover when the accident occurred. She testified that the Landrover "was completely stationary when i heard the crunch". In his summing up Judge Toomey complimented witness Norton on his evidence. "It impressed me very much and he was an observant individual who accurately described the events in a very detailed and positive fashion". He found the information proved on the evidence before him. He convicted and discharged defendapt on payment of $55 court costs and ordered her to pay witness expenses of $167. Counsel: D.G. Harvey.