|
The case for the defence was opened
at the Hertfordshire Assizes at Hertford yesterday
when the fourfold manslaughter charge against John
Brook, 29, Lorry driver, of Southward Park Road,
Bermondsey, was resumed before Mr. Justice
Humphreys.
Brook was charged with the manslaughter of
Police-constable James Warrender Thompson, 32, of
Barnet; Mr William Arthur Hudgell, 41 and his wife,
Minnie, 41, of Campbourne Road, Hornsey, and their
daughter, Jean Marjorie, eight.
They were killed on the night of September 7th at
Barnet Hill, when the motor-lorry which Brook was
driving ran into a crown of people leaving Barnet
Fair. Brook pleaded 'Not Guilty'.
The first part of the proceedings yesterday was
occupied in reading over Brook's depositions taken
by the coroner at the inquest and a statement made
by Brook to the police. In his depositions Brook
said that going down Barnet Hill he tried to apply
his footbrakes, but they did not respond. He tried
to handbrake with the same result. He had had no
difficulty with the lorry earlier.
Knowing that he could not stop and that the near
side of the road was blocked, he took the off side
and heard a crash. He felt his front off-side wheel
strike the kerb. At this time it was very difficult
to see because of flying cement. The other three men
did not interfere with his driving at all.
Inspector William Curry, of the Public Carriage
Department, Scotland Yard, who examined the lorry
after the accident, said that the tyres were in good
condition and that each of the wheels was subject to
braking power. He gave in detail the results of his
examination and said that the near side brakes were
inefficient, although there was braking power.
Mr J.D. Cassells, K.C. (prosecuting), asked bearing
in mind the condition in which he found the brakes,
in what distance the lorry could have been pulled up
at a speed of 20 miles an hour.
Inspector Curry replied:- 'Between 90ft and 100ft.
on Barnet Hill'; 140ft at 25 miles and hour; and
210ft at 30 miles an hour.
Error of Judgment
Brook, in the witness-box said that
he had been driving for 11 years and had been
employed by Bulk Deliveries, Limited, since last
December. They allowed him to garage the lorry when
and where he liked. The cafe at South Mimms was his
headquarters.
Regarding the accident, he adhered to his evidence
at the inquest, and said that it was a correct
statement of what occurred.
Cross-examined, Brook said that he was a little more
than halfway down Barnet Hill when he applied his
brakes. He had engaged third gear. He denied that he
took a big risk in not applying his brakes sooner.
Mr Cassells - Why did you not apply your brakes
before you got more than half way down the hill? - I
did not need them. I was travelling roughly at 20
miles an hour when the traffic in front stopped.
Mr Cassels- Did you not go down that hill a little
too fast? - No sir.
Replying to his counsel, Brooks said that he went to
the off side to avoid running into the stationary
vehicle.
Mr Noakes, addressing the jury, submitted that at
the most the case was one of an error of judgment.
When the driver found that his brakes would not work
the only two alternatives were to let the lorry go
or to take a chance and pull to the off side.
Mr Cassells intimated that he would not address the
jury.
Mr Justice Humphreys, in summing up, said that there
were only two possible explanations why the lorry
mounted the pavement and ran the people down.
One was that there might have been a sudden
mechanical defect which caused the vehicle to behave
in an extraordinary way without any power on the
part of the driver to control it. The other was that
it was something done, or omitted to be done, by the
driver which caused the lorry to take the remarkable
course it did.
Regarding the latter part of the lorry's journey
down the hill, it might well have had no
driver because Brook was totally unable to control
it. The real crux of the case was not what happened
at the bottom of the hill, but what happened at the
top and just after the lorry began to descend the
hill.
His Lordship said that there was no evidence that
the presence of the three men in the cab had
anything to do with the behaviour of the lorry.
The maximum speed allowed by law for a lorry such as
Brook was driving was 20 miles an hour.
Jury's recommendation:
After an hour and a quarters retirement the jury
found Brook Guilty with a strong recommendation to
mercy.
A detective-inspector stated that on March 12 last
Brooked was fined £2 at Oldham for exceeding the
speed limit with a motor lorry, and in July this
year he was fined £2 at Newark, again for exceeding
the speed limit. He was a hard working young man
with a wife and two children, and had borne a good
character ever since he had been employed by various
firms.
Mr Justice Humphreys, in sentencing Brook to six
months imprisonment in the second division, said:- I
am quite sure of one thing and that is that you are
deeply distressed and genuinely sorry for your act
of dangerous driving which resulted in the deaths of
these four persons.
Part of your punishment - probably the greatest part
- will be the recollection, which it will take many
years to efface from your mind, that you have been
the cause of the deaths of these persons.
I hear the most excellent account of you. You are a
man of good character, and I paid no attention to
the two small convictions for motoring offences'.
After Brook had gone below he was
recalled to the dock, and the Judge informed him
that he did not propose to take his driving licence
away and so prevent him from earning a livelihood.
|
