Lindsay Found Guilty Of Murder Of Woman

Press, Volume XCVIII, Issue 28894, 14 May 1959, Page 6

Lindsay Found Guilty Of Murder Of Woman

(New Zealand Press Association) AUCKLAND, May 13. A jury in the Supreme Court in Auckland today found Marama Moo Lindsay, aged 27, guilty of the murder of Ruby Irene Foster on March 30. The jury was out for two hours and a half. The 100 or so people who packed the Court during the day heard Mr Justice Shorland pass sentence of death on Lindsay. Lindsay showed little emotion when the verdict was given. “I agree with your verdict,” his Honour told the jury. He excused them from jury- service for five years. Lindsay was represented by Dr. A. M. Finlay and Mr lan Barker. The case for the Crown was conducted by Mr G. S. R. Meredith and Mr G. D. Speight. No evidence was called for the defence. Evidence for the Crown was given today by Dr. D. J. A. Doyle and Detective-Sergeant H. E. McCombe.

Dr. Doyle agreed in crossexamination by Dr. Finlay that «pme of the injuries received by Miss Foster had points of similarity with a “running down case.” But there were also points of difference, he said. “In running down cases one would expect to And mark! of contact. In this case there were few bruises,” said Dr. Doyle. “In a running down ease one would, expect lacerations, contusions, 'abrasions—all lacking in this case.” _ Dr. Doyle was questioned at length on the basis for theories he had advanced as to the cause of Miss foster’s injuries. But he agreed with Dr. Finlay that, for instance, there was tio pathological basis for saying that an item of the woman’s underclothes had been pulled down, or that her frock had been pulled up. Sharp Instrument Used It was probable that the injuries were caused by a sharp instrument, said Dr. Doyle. Dr. Finlay: Is your opinion on how the injuries were caused partly based on what you were told by the police? Dr. Doyle: When I completed the post-mortem examination at 6 p.m. on the Tuesday, I was completely in the dark as to how it had happene' Dr. Doyle, in reply to a further question, said he did not agree with Dr. Finlay that, singly, none of the Injuries would have caused death. The throat injuries alone would . have been sufficient, he said. 'All the injuries appeared to be fresh—done on the evening of the woman's death. There was no physical sign of forced Intercourse, said Dr. Doyle. The blood spots found on the pile of clothing (earlier Dr. Doyle had told Mr Speight that he found human blood-stains on Lindsay's clothes) could have been there a long time. The final Crown witness. Detective-Sergeant McCoqibe, told of interviews he had had with Lindsay. He said tracks on the section were not well formed or defined. On Thursday. April 2, Lindsay was brought to the Police Station and told he was suspected of being responsible for the murder of Miss Foster. He was. given the customary warning. That was at 1130 p.m. He was arrested at 1 a.m. He was then taken to his home and asked to point out those articles of clothing which were his. Included in the clothing he selected was a belt. Back at the station, witness said, he read the charge of murder to accused, and asked him if there was anything he wished to say by way of answer. “You had better see me in the morning.” Lindsay answered. Bad Lighting Lighting in the area of the section in question was not good at the time of the alleged murder, witness said. Subsequent to this occurrence, further lighting had been installed in that area. Answerine Dr. Finlay, witness said the belt (with a pin missing) was found in an open place in Lindsay's room—it was not hidden there. He also found the dry cleaning slip for the clothes, which were later recovered by the police, in Lindsay’s pocket—where one would expect to find such a thing. From a detective’s point of view the Albert Hotel caused concern. In the late afternoons during holidays .conduct there was unruly tor want of a better word, witness agreed with Dr. Finlay “You must bring to this case a cool judicial detachment, and although you may conclude that this woman was not of the highest moral character she could have been, she was entitled to the protection of the law,’’ said Mr Meredith, opening his address to the jury.

"If you come to the conclusion that Lindsay knocked the woman unconscious so as to overcome any resistance to having intercourse with her. and that she died from the injuries although they may not have been meant to kill her, then that is murder “You are entitled to infer from the violent nature of the injuries that the person who inflicted them intended to kill. That .is murder.

“The handkerchief found used as a gag on the body provided a clue to Lindsay. Inquiries showed how he could have come into possession of this.

“Another dramatic finding was the belt pin found in the woman’s clothing at the mortuary. This coincided exactly with a belt said by Lindsay to be his. and which was missing its pin. “You will have little trouble concluding the woman was murdered. and that Lindsay was the murderer,” Mr Meredith said. Defence Submissions

It should be remembered that Lindsay and Miss Foster had been dancing together at the Hayden street party, and could not the pin have broken off and got ’on to her body while they were dancing? Dr Finlay said in his submissions But no evidence had been called to show that up to the summary ending of the Hayden street party that Lindsay had shown any interest in Miss Foster at all—in fact, the reverse was the case. Lindsay was quiet and wellspoken of. There was no evidence to suggest he had any motive. He had not invited Miss Foster to the party. He had danced with her but only for a short while. Tata Kamana's evidence was worthy of a good deal of scrutiny, Dr. Finlay said. He had claimed to be unfamiliar with the territory in Freeman's Bay. yet was a frequent visitor to the house in Hayden street and to a hotel in that area. “In fact, his entire evidence is suspect, and it is doubtful whether you can believe him at all,” said counsel. He had aroused suspicions of the police until the handkerchief and buckle pin had emerged. "Perhaps the police gave up their suspicions too easily.” Tutai Mataora’s evidence as to Lindsay calling back to Hayden street and as to what he said when he spoke to him there, might also be regarded with the uttermost suspicion "I suggest he did a little inventing to avert suspicion from himself.” said Dr Finlay. In his summing up. his Honour said a verdict of manslaughter could be brought if the jury decided Foster had died as the result of injuries which were not intended to kill her.