Armless man to call expert evidence in dangerous-driving case

Colin Smith at an earlier hearing. Picture / Alan Gibson

An armless man who has denied driving dangerously will call expert evidence when he defends the charge in the Tauranga District Court early next month.

Colin Raymond Smith, 31, a beneficiary, was clocked three months ago travelling at 121km/h while using his feet to control the car.

His lawyer, John Holmes, told Judge Christopher Harding at a status hearing this morning that the police were equating disability with danger.

The defence would attempt to prove this was not the case, including presenting a medical certificate declaring Smith's ability to drive a car.

Mr Holmes appealed unsuccessfully to the judge to use his influence to get police to modify their stance on the dangerous driving charge.

Judge Harding said he was not going to try to persuade them.

"I would have thought, on a prime facie case, this was dangerous."

He said the case needed to be heard, particularly as the defence contended "this highly unusual driving system was, in fact, safe."

When calculating how much time would be needed for the defended hearing, Sergeant Sean Brennan said police would call only one witness.

The judge queried whether the prosecution would be rebutting evidence on Smith's abilities to drive.

When told they were "not going to pursue that at this stage," Judge Harding said the police were taking a risk.

Smith -- wearing a black, white and red jacket with "Holden Racing Team" printed on the back -- was further remanded on bail. He refused to comment as supporters hurried him away from the court.

When police caught Smith exceeding the 100km/h speed limit on State Highway 2 near Papamoa on March 23, he was allegedly using one foot to steer and the other to operate the accelerator and brake pedals.

A highway patrol officer who pulled the car over reportedly noticed the driver's seat reclined and a foot up on the dashboard, before seeing the armless torso.

Born without arms, Smith allegedly told the constable he had never held a driver's licence but had been driving with the use of his feet for years without any problems.

He was issued with a $170 speeding ticket on the spot and forbidden from driving. One of two passengers in the car had a licence.

The charge of driving in a manner which might have been dangerous to the public was laid several weeks later.

- NZPA