Judge invokes House of Lords judgment

TRIAL: Eamonn Woods will stand trial on charges of careless driving causing death.PHOTO/FILE

The man charged with causing the death of Laura Jessop, 19, in a car crash last year will face trial.

Eamonn Woods, 29, of Masterton, was this week remanded for trial callover on August 7, as Judge Chris Tuohy released his reserve decision rejecting an application to dismiss the case.

Woods' lawyer, Noel Sainsbury, had argued in a pretrial hearing on July 9, in Masterton, there was insufficient evidence to prove Woods, and not Jessop, was driving the vehicle when it crashed.

Both occupants were thrown from Woods' Honda Prelude when it crashed on the Masterton-Castlepoint Road on May 5 last year.

Judge Tuohy said the test for dismissal had been outlined in a House of Lords judgment.

He must find there was "some evidence (not inherently incredible)" to prove each element of the offence.

The judge said the extent to which some of the evidence could be relied upon is essentially a question for the trial judge "who will see and hear the witnesses give evidence and be cross-examined".

"The better time to assess whether there is a case to answer in regard to sufficiency of evidence is usually at the end of the prosecution evidence."

Judge Tuohy said Woods' early application was partly based on a compassionate motive, "to save Ms Jessop's family the distress of an unnecessary trial".

"However, it is often important for a bereaved family to have the full and public examination of the circumstances of the accident which resulted in their loss which a trial will entail."