MURDER CHARGE FAILS

Press, Volume LXXXVI, Issue 26264, 8 November 1950, Page 8

MURDER CHARGE FAILS

MAN’S DEATH AFTER

STABBING

I ACCUSED FOUND GUILTY L OF MANSLAUGHTER IL (New Zealand Press Association) AUCKLAND, November 7. B Ralph Smart, aged 43. a labourer, ■who was charged with murdering Edward Putaka on August 23, was tound guilty of manslaughter by a jury in the Supreme Court to-night. Tne jury added a strong recommendation tor mercy. The accused was remanded for sentence. The trial, which began cn Monday, was conducted before Mr Justice Callan The accused was represented by Mr Trimmer and Mr L Brown. Mr S. deal and Mr G. Speight prosecuted . "This is not a case of wanton and premeditated killing, but the result of a desperate attempt by a lightly-built man to ward off the attack of a much stronger and heavier man: it is a case of self-defence,'' said Mr Trimmer m bis address to the jury. “The accused gave Putaka no provocation. We say that the evidence shows that Putaka was clearly the aggressor. As a result oi his attack Smart was bent back over the chair by which he was standing. It is also clear that no knife was used by Smart until he was lying on the floor with Putaka continuing the attack.'' There was was no evidence that Smart Went to his door looking foi trouble, said Mr Trimmer. He had arrived home only a ft v moments before, and when he heard his wile and Mrs Putaka arguing there was nothing to show that Putaka was home at the time he walked out on the landing between the flats. He had been helping to get his tea ready. His wife was poundihg the steak with a hammer to make it tender, and he was waiting to cut it up. • Mrs Baird, the landlady, had saio that she did not see Mrs Smart lift the hammer to Mrs Putaka on the landing. Smart, it was suggested, went out with the knife with no more Criminal intent than one would take a razor to the door when interrupted when shaving. "Hie jury retired at 5.10 p.m. and. returned at 8.53 p.m. It also brought in a rider saying that any serious complaints brought by tenants to the police about incompatibility among residents in apartment houses or flats should be recorded and the Police Department should inform the local body concerned so that it may investigate the lay-out and conveniences.