Verdict Of Guilty In Napier Rape Case

Press, Volume XCV, Issue 28268, 4 May 1957, Page 12

Verdict Of Guilty In Napier Rape Case

(New Zeiznd Press Association) NAPIER. May 3. Alfred Lyle Andrew, aged 40, traveller, of no fixed abode, was found guilty of rape by a jury in the Supreme Court at Napier this afternoon. The jury returned its verdict after a retirement of 40 minutes. Andrew was remanded by Mr Justice McCarthy for sentence.

Today was the fourth day of the trial. Andrew was charged with committing rape at West Shore on March 19 Mr A. O. Woodhouse and Mr W. R. -Willis appeared for the Crown and Mr R- Stacey represented Andrew. In his summing up. his Honour told the jury that the issue was whether what took place was with cr without the consent of the girt.

“Consent means consent freely given by a rational and sober person so situated as to be able to form a rational opinion. - ’ said his Honour. “If the person in this case was not capable of forming a rational opinion, she could not be held to have given consent.”

“I consider that the accused's statement was an amazing story: but it could be true.” said his Honour. *Tf you accept it as true you should acquit. But I must point out that it was an unsworn statement, not made on oath as the other evidence was.

“Because it was not made on oath there was no right on the part of the Crown to test it by cross-examination which. I believe. is the greatest method of testing the truth or falsity of the statement.

“You may think that a statement not made on oath and not j subject to cross-examination does not carry as much weight as evidence given on oath. You should . attach such weight to the accused’s statement as you feel entitled to, measuring it up with the sworn evidence giver, in the witness-box.” No Evidence of Immorality Apart from the accused's statement there was not a tittle of evidence to attack the morality of the girt, said his Honour. It was not only alleged by the defence statement that the girl was of loose morals, but that she told a lot of lies. Andrew had used a false name. “Why did he do that if his intentions were completely honourable?” asked his Honour. “The barman confirmed that • the girl did not want to drink His evidence in substance con- ■ flicts with the statement by accused- At 4.30 pm. a woman was seen in the truck. Drunk? Comatose? Deeply asleep? 11 think you will find this a central fact.” said his Honour. Andrew disappeared when it became apparent that some action was being taken. When approached by the police Andrew had got rid of the drug. “These matters weigh heavily ■gainst the accused.” said his Honour. On the other hand, there were matters which weighed in his favour. The girl had agreed to go out into the country with ■ strange man—a man whom she did not know. The girl did not make anv attempt to summon aid at the hotel. “This may seem unreal, but you have the medical evidence that she could have been living in an unreal world.” Important Question “Above aIL there is one question of great, importance.” his Honour said- He asked the jury whether it would accept it as probable that a girl of 19, in a rational state and in the condition disclosed by the evidence, would have suggested a swim in the nude, and would have encouraged and allowed intercourse. ‘•The question is not whether she was drugged or not, but whether she was raped. If you are satisfied that she was not drugged but was so affected by alcohol that she could not resist, and that the accused forced himself on her, then it is still rape.” said his Honour. “It also is not . a question of whether she was foolish but whether she was raped.” When the Court resumed this morning, Andrew continued making the unsworn statement he began from the dock yesterday afternoon. Andrew said he had had more drinks than the girL but was not

■ “paralytic” drunk. At PakowhaL he gathered some mushrooms and then rejoined the girL “Then I kissed her.” he said. “It was not an ordinary kiss, but a passionate one. She had no objection whatsoever to kissing and cuddling." Andrew went on to say he then knew that she was more than willing to “play,” as she offered him “nothing but invitation.”

Gave Giri a Drink They continued “petting*’ and. he said, the girl made advances. He gave her a gin and squash. He denied having added a drug to it. The girl threw half the drink out of the window because she said she wanted a different kind of drink. For the rest of the day the girl never had another drink. They had a short sleep and when she awoke, the girl was sick and vomited- By this the time was about 4 45 pun. Andrew said that after he had had a swim and the girl another sleep in the truck, he suggested that they spend the night at a hotel as “Mr and Mrs.” The girl replied. *Tve heard of people doing that, but I’ve never been game. I think it would be fun ” After attempting to book in at several Napier hotels, he made a booking at the West Shore Hotel by telephone. After having their dinner in the room, and when both had had a wash, intercourse took place at the girl's request. « Andrew said the girl then began ‘ ‘cross-exam in in g* him about whether he was the same man who took a girl friend of hers out a few days before. This led to a quarrel. He went downstairs to get her clothes. When he returned, he heard someone spearing on the telephone. so assumed she was arranging to go home. He then went to Hastings himself He returned the girl s clothes next day.