Barry Wentworth DUNN

S.M. HAS DOUBT IN TRAFFIC CHARGE: DEFENDANT DISCHARGED

A charge of failing to keep to the left, brought against an Inverell baker in the Court of Petty Sessions on Monday, was dismissed by the Stipendiary Magistrate, Mr. N. E. Fegan.

At the conclusion of evidence, Mr. Fegan told the baker, Robert Ross Cracknell, of Raglan Street, that he had a doubt and would give him the benefit of it. ( The hearing was begun at an earlier Court, August 25, Kevin McGregor, driver of the car, which collided with Cracknell’s and Geoffrey Crossley gave evidence that a collision had occurred in front of the Inverell Court House on May 1 this year. The hearing was adjourned. Cracknell was represented by Mr. Guy Smith ( Borthwick and Butler ). Sgt. J. M. Dwyer prosecuted. He told Mr. Fegan that the police case, consisting of evidence from Constable C. M. McHardy and the three people in McGregor’s car had been completed at the previous hearing. Cracknell, in the witness box told Mr, Smith that on Saturday, February 28, he had been to a dance at Beaulieu and had returned to Inverell some time after midnight. When he came to Inverell, he dropped a man named Reg Adams at the Imperial Hotel corner and continued up Otho Street. He said he had seen the other vehicle’s lights coming but had taken no notice. Cracknell said just as he got past the Court House, the other car swerved into him without any notice.

‘ON CORRECT SIDE’

He told Mr. Smith that he was on the correct side of the road until the other car struck him. After the collision he had his driver’s side wheels over the yellow line.

He had been travelling about 15 or 20 miles per hour just prior to the collision. When he saw the other vehicle turning into him, he applied his brakes but it was too late as the other one came into him too quickly. After the impact, the vehicles had hardly moved at all. Defendant said his vehicle had been struck between the radiator and the driver’s side front mud guard. After the collision. McGregor’s car was at an angle of about 45 degrees to his. Defendant told Mr. Smith that he had known McGregor from schooldays. ” I asked him what had happened to make him swerve into me I don’t remember what he said. I think he said he would get the police. ” Cracknell said he had been badly cut about in the accident. He had been on his ? side coming past the monument ( at the intersection of O? and Evans Street. Mr. Smith: ” How long had you been driving “? Cracknell: ” Four years, have never had an accident or collision. Mr. Smith: ” Did you hear the constable., ask McGregor how long he had been driving? – Yes. He said three months. Replying to Sgt. Dwyer. Cracknell said he had shared a bottle of beer at the dance as soon as he got there — about 9 p.m. on the Saturday night. He said it would be right to say that the Constable could have smelt liquor on his breath, Cracknell said just before he left the ball to come home, he had not been advised by anyone not to drive his vehicle. When he had a conversation with McGregor just after the accident, the police had not arrived.

PLACE OF ACCIDENT

Defendant told Sgt. Dwyer that the accident had happened about 200 yards from, the monument on the ambulance station side, but about 20 yards from the Rivers Street intersection. He agreed that it could not have been 200 yards from the monument as the collision occurred in front of the Catholic Church gate.

” NOT ON INCORRECT SIDE “

Cracknell said Const. McHardy did not arrive at the scene of the accident until about twenty minutes after it had happened.

People of ? ? ? those in the ? ? at the accident before the Police, and others, had come along after the Constable arrived. Sgt. Dwyer: Where did they come from? Cracknell: The bus had come in from Beaulieu and people were walking up the street. Did you hear the Constable ask if there was anyone present who had witnessed the accident, apart from the drivers? NO. Would it be correct if McGregor said you drove your vehicle on the incorrect side past the monument? I am certain I did not do that. To Mr. Smith, defendant said he rarely drank wine. Keith O’Connell was the first to arrive at the scene of the accident which had happened about the second yellow line back from the Rivers Street intersection and right in from of the Catholic Church.

Ronald Keith O’Connell, of Gilgai, a truck driver for the MacIntyre Shire, said he had gone to school with both McGregor and Cracknell. On February 28 he had been at the dance at Beaulieu and had seen Cracknell there. He said he did not have anything to drink with Cracknell and he did not see the defendant have any drink.

FOLLOWED DEFENDANT TO INVERELL 

O’Connell said he had met Cracknell just as the dance ended. Defendant was quite alright then, he said, and left to come home in front of him ( Witness ). He did not hear any one tell Cracknell not to drive. O’Connell told Mr. Smith he had followed Cracknell into town as they came past Campbell Street. He would be about 50 or 60 yards behind defendant. Cracknell let a man out at the Imperial Hotel corner and continued up Otho Street passing the monument on the correct side. Witness said he had seen the other car’s lights coming down the street, and just as it went to pass Cracknell, the other vehicle seemed to swerve in and collided with Cracknell’s vehicle. When he went over, Cracknell was standing by his car talking to McGregor. O’Connell said he heard the conversation between the two and both said they were on their correct side. ” Cracknell’s car was parallel to the yellow line and McGregor’s was at an angle of 45 degrees. I told Cracknell that if he wanted a witness, I would be one as I saw the whole thing. ” Cracknell was on his correct side of the road all the way up Otho Street.’

To Sgt. Dwyer O’Connell said when he told the defendant he would be a witness. Const. McHardy was not present and he had not heard the Constable ask for any witnesses to come forward. Cracknell ? ? he was in a position to tell if the vehicles had been on their correct sides.

O’Connell stated that when ? ? ? happened. McGregor’s wheels were over the ? ? and would not have come over the line because of the collision.

” VEHICLE SWUNG IN “

” As they went to pass, McGregor’s vehicle just swung in. ” At the time of the accident, he ( Witness ), had been on the ambulance station side of the monument. He told Sgt. Dwyer he could see the yellow line between the two cars just before the collision. O’Connell said he had gone to school at the same time as both McGregor and Cracknell. Since school, he had not been associated with McGregor and only occasionally with Cracknell. O’Connell said he only saw Cracknell at week-ends and not every week-end. ‘I have seen him at dances but I am not a close personal friend.’

Barry Wentworth Dunne, 16, of Gilgai said he had been at the dance at Beaulieu and had come back with Keith O’Connell. They left the dance at about 12 30 a.m. but he had not taken much notice of the drive in as he had dozed off to sleep. He had seen Cracknell’s car when they pulled up behind him as Cracknell let a man out at the Imperial Hotel corner. Cracknell had continued up the street, with O’Connell following about 25 or 30 yards behind him, Dunne said.

Cracknell was doing about 20 m.p.h. Defendant had passed the monument on the correct side, and just in front of the church, another car swung into him as if it was going to turn the corner and the two vehicles collided. After they had collided, Cracknell’s vehicle was on the correct side and McGregor’s car at an angle of about 45 degrees Dunne continued.

To Sgt. Dwyer. Dunne said he had told Cracknell that if he wanted any evidence given to call on him. He had been at the scene of the accident for about five minutes before he went to the show? ? a message for O’Connor ? ? McGregor was not ? ? where he left to go away.

” OTHERS PRESENT AT SCENE “

Dunne said he had not seen anyone walking along the street, but there had been others present at the scene of the accident. Const. McHardy was there when he returned. Witness said he had not heard the Constable ask if there were any people who had seen the accident. Dunne said he had discussed the matter of the car being at a 45 degree angle with defendant and O’Connell. Replying to Sgt. Dwyer, Dunne said he often dozed in a car but on the night in question he had wakened up when O’Connell’s car was near the Imperial Hotel.

Sgt. Dwyer: Were you wide awake when the accident happened ? Dunne: Yes. Where were you sitting? In the from seat beside the driver. Prior to the collision, how far behind Cracknell’s car were you ? About 25 at 30 yards. We had pasted the monument on the correct side. At the time of the collision, Dunne said he could not see the yellow line near the two vehicles, but he knew that O’Connell’s vehicle was on the correct side.

Dunne told Mr. Fe? that when he came from the show-ground, he had not spoken to Const McHardy about the accident as he had not been asked.

” A GRAVE DOUBT “

Summing up Mr. Smith submitted that there was a very grave doubt as the end of the police case as to how the accident happened. He said two perfectly independent witnesses had shown there was a further doubt. ” They are both witnesses of truth. If Cracknell was driving at from 15 to 20 m.p.h. on the correct side, there is nothing to say that he must keep well away from the yellow line ” Mr. smith said both Crossley and McGregor had said if Cracknell was parallel to the centre line at the time of the accident the accident could not have happened as it did. ” In order to make their story possible, this light car ( Cracknell’s ) had to get underneath McGregor’s and lift it round to an angle of e5 degrees without leaving any marks on the road. ” I submit that that is utterly impossible without leaving any marks on the road ; but the Constable could find no indication of marks. ” Mr. Smith said. He said the two witnesses had said that McGregor’s car turned in and that would put the cars how they finished on the road. Mr. Smith pointed out that the Constable even doubted that McGregor’s story of how the accident happened was feasible. Mr. Fegan said the evidence appeared to be diametrically opposed. Crossley and McGregor said the other car was coming straight at them. The Defendant has now produced two witnesses and their story had not been broken down. Mr. Fagan said he had a doubt and must give the defendant benefit of it and dismissed the information.