MENACE TO THE COMMUNITY

Auckland Star, Volume LVII, Issue 133, 7 June 1926, Page 9

MENACE TO THE COMMUNITY

SEVEN YEARS FOR BANNER.

When the jury returned a verdict of guilty in the case against Robt. Stewart Banner at the recent criminal sessions of the Supreme Court on four charges of indecent assault on Maori boys at Rawene, Mr. Hall Skelton, counsel for the accused, raised the point that the jury had been misdirected. He moved a motion that the points of his argument c be submitted to the Court of Appeal. Mr. Justice Stringer heard argument, and adjourned the case while he conferred with his fellow judges. The accused appeared for sentence this morning. Mr. Hall Skelton said certain other statements had been handed in. His Honour said they were negative, and he would not pay much attention to them. He had consulted other judges on the points raised by counsel, and they agreed with him that the application could not be sustained. There was no question of law as had been put forward by counsel, and it could not be said that the verdict was against the weight of evidence. "You say that the accused did not have a fair trial, Mr. Skelton." Mr. Skelton: That is what it amounts to, sir. His Honor said counsel had the right to apply for a new trial, but at present he must judge the case as a conviction had been made. The verdict in the circumstances was correct, but there were certain things that might influence the Governor in Council to grant a new trial. To the prisoner His Honor said: You have been found guilty of a disgusting ; crime. | The accused: I have, but it was on false evidence. I His Honor: That may be, but I have] to act on the verdict of the jury. You are a menace to the community, and the sentence of the court is seven years' imprisonment with hard labour.