Driving charge dismissed

Waimarino Bulletin, Volume 5, Issue 19, 6 October 1987, Page 10

Driving charge dismissed

cont'dfromp.4 identical - a clear sunny evening. As he drove towards Ohakune from the direction of Karioi he noticed the sun setting directly ahead of him above a row of trees. He had to slow down to 30 mph and noted that visibility was temporarily very difficult as the sun dipped behind the row of trees "until the eyes adjusted from bright sunlight into deep shadow". He described the phenomenon as "a black hole". He later spoke with and took a statement from both drivers. The defendant had explained in her statement that she was bringing the hay-baler into town for the following day's Jubilee procession and had stopped outside her house on the Rangataua road in order to get some money to buy

decorations for the vehicle. She told police constable Wilson that she had parked it as far to the left as she thought she could because she felt it lurch sideways towards the ditch as she stopped. She had been to the house collected her money, and was returning to the hay-baler when she saw a car travelling towards Ohakune strike the rear of the vehicle, spin round and stop. As she reached the car she called out to previous witness (Trevor Hogan) who she knew and as she did so a group of RNZN personnel returning to HMNZS Irirangi on a bus from Ohakune arrived to help. She had not realised at first that there was anyone else in the car.

In his summing up Judge Unwin said that in such a case as this where the drivers of two vehicles were concerned the prosecution must show that it was the driver who contributes substantially and was the major cause of the accident who could be held to account. In this case there was a third contributing factor - the sun - and, in the opinion of Judge Unwin, no reasonable jury would say that the majority of the blame should fall on defendant The charge of careless driving causing death was therefore dismissed. On the charge of driving while not being the holder of an appropriate licence, defendant was convicted and fined $50, court costs $55. Counsel: P. Brown.