RE=TRIAL BEGINS

Waikato Times, Volume 125, Issue 20951, 2 November 1939, Page 9

RE=TRIAL BEGINS

MOTOR FATALITY DEATH OF WORKMAN (Special to Times) AUCKLAND, Wednesday The retrial of Frank Brooks, showman (Mr Turner), on a charge of negligently driving a motor-truck near Waipu on July 3, causing the death of Patrick Daley, was begun in the Supreme Court today before Mr Justice Callan. At the first trial earlier in the present sessions the jury failed to agree. Mr G. S. R. Meredith and Mr N. I. Smith appeared for the Crown.

Mr Meredith said a steam shovel and a lorry were removing spoil from a slip at the scene of the accident. Accused swerved as if to pass the lorry, but found it was blocking the road and swerved again to the left. He was unable to stop in time and his truck struck Daley, who was helping to clear the spoil. The left wheel of the truck ran up the bank at the side of the road and the vehicle fell on its side on top of Daley, who was killed.

Evidence About Brakes

It was alleged that accused was negligent in failing to keep a proper look-out and not keeping the vehicle under proper control and also in driving with brakes so defective as to be positively dangerous, said Mr Meredith. Evidence would be brought to show how inefficient the brakes were, and that accused had been warned in a garage that they should be fixed. It would also be shown that there was a warning sign 150 yards before the scene of the accident.

Evidence was given on the lines of Mr Meredith’s opening by witnesses who gave evidence at the earlier hearing. The only new witness called was Walter Charles Preston, labourer, who gave evidence that at the time there was a warning notice board on the road about 200 yards from the scene of the accident. Further evidence for the Crown will be heard when the case is resumed this morning.