MANSLAUGHTER CHARGE

Wairarapa Times-Age, 20 October 1943, Page 4

MANSLAUGHTER CHARGE

4 SEQUEL TO TRAM SMASH MOTORMAN ON TRIAL (By Telegraph—Press Association.) WELLINGTON, This Day. As a sequel to the capsizing of a fully-laden tramcar at. the intersection of Coutts Street and Onepu Road, Kilbirnie, on the evening of June 12 last, Donald Norman Mac Lean, the driver of the tram, aged 33, was charged in the Supreme Court, Wellington, yesterday with committing manslaughter by causing the death of Leading Aircraftman James Edward Kerr, R.N.Z.A.F., aged 27. Twenty-eight other passengers were injured in the smash. The case was heard before Mr Justice Smith and a jury of 12. Kathleen Hensen said she was conductress on the tram which capsized at Kilbirnie on June 12 last. Accused was the motorman for her car that afternoon, but was not there to take the car out at 3.39 p.m., and another motorman took his place. When the car got back shortly before 5 p.m., witness saw accused, who appeared to be unsteady on his feet, and appeared to be drunk. Accused drove the car on the Seatoun run, leaving Lambton about 5 p.m., and his driving on that trip was quite all right. On this trip the indication lights were faulty, and in rectifying these witness pulled accused’s overcoat down and in this witness noticed a bottle of beer. The tram was. crowded on the night of June 12 when the accident occurred. She noticed that the cai’ after leaving Tirangi Road was travelling faster than it should have been. The pace did not slacken till the car capsized. Witness was concerned about the speed, and she heard some of the passengers commenting upon it The speed of the tram that night was far greater than she had experienced in her nine months’ service. Cross-exam-ined by Mr Ongley, witness said the bottle of beer was still in accused's overcoat pocket after the accident.

A number of other witnesses were heard and the case adjourned till today when further evidence was heard.