Pubdate: Thu, 21 Feb 2002
Source: Otago Daily Times (New Zealand)
Copyright: Allied Press Limited, 2002
Contact:  http://www2.odt.co.nz
Details: http://www.mapinc.org/media/925
Author: Staff Reporter

CANNABIS AND EXCESSIVE SPEED FACTORS IN CRASH

Balclutha: The Milburn Limeworks manager killed in a workplace accident 
last September had smoked the equivalent of one cannabis cigarette between 
half an hour and eight hours beforehand and also had a record of speeding 
offences, the Balclutha Coroners Court was told yesterday.

Andrew John Clark (35) was killed when his vehicle was crushed by a massive 
dump truck on a quarry road on September 5.

The crash investigator, Constable Brice Horner, said test results revealed 
2.6 micrograms of tetrahydrocannabinol (THC) per litre of blood in Mr 
Clark's body, which indicated he had smoked the equivalent of one cannabis 
cigarette between half an hour and up to eight hours before his death.

"It can be concluded, however, that given the time-frame, it is likely the 
cannabis was consumed during the deceased's time of work."

Coroner Peter Keddell said he could not say if Mr Clark had been affected 
by cannabis when the accident occurred.

"I'm not saying it caused the accident; there were other issues involved."

Const Horner said some of Mr Clark's colleagues had mentioned he drove too 
fast around the worksite.

A local resident also said he regularly travelled to work "at excessive 
speed" past his house.

Const Horner had also warned Mr Clark in the past to slow down.

In his testimony, he said the speed limit in the area where the accident 
occurred was 30kmh but Mr Clark had, according to a witness and later 
tests, been travelling well above this speed.

Mr Clark's vehicle was in third gear at the time of the accident and its 
rev counter was stuck on 3400 revolutions per minute. Tests showed this 
corresponded to a speed of 83kmh.

While this on its own should be studied with some scepticism, he said a 
statement by a witness and details of Mr Clark's driving history combined 
to give this theory "a degree of credibility".

The angle of the sun at the time of the accident may have also contributed, 
he said.

A check in the same area the day after the accident showed the sun would 
have been in Mr Clark's eyes.

Employee Craig Stoddart told the court he saw Mr Clark driving along the 
single lane road at considerable speed. He estimated his speed was about 60kmh.

The driver of the dump truck which collided with Mr Clark's vehicle, Kevin 
Smith, said he was driving the fully loaded truck at between 10kmh and 
15kmh when he saw Mr Clark's vehicle come around a bend.

He had no time to apply his brakes and "passed over" the vehicle.

"There was no room to move . . . it all happened quickly."

Mr Keddell said there was no doubt Mr Clark had been speeding at the time 
of the accident but that there was nothing Mr Smith could have done.

He ruled Mr Clark died of injuries received in the accident.
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