BOYS ON RAPE CHARGE

Press, Volume XCIX, Issue 29336, 15 October 1960, Page 14

BOYS ON RAPE CHARGE

Court Considers Jurisdiction (New Zealand Press Association) AUCKLAND, October 14. Mr L. G. H. Sinclair, S.M., today heard legal submissions and a summary of the police allegations in a prosecution against nine boys who are charged with raping a 16-year-old girl The Magistrate is expected to give a decision on whether or not he will accept jurisdiction in the case on Wednesday. The boys—who were aged from 14 to 16 at the time of the alleged offences—were remanded to next Friday. The Magistrate allowed each boy bail of £lOO, with a surety of £lOO, with a condition that they report on alternate nights to police stations, as and when arranged. He also made it a strict condition that the boys are not to associate with each othef pending the hearings of the charges. Mr M. Robinson, for six of the boys, submitted that he had formed the opinion, after considering the legal position, that the Magistrate had full power to assume jurisdiction on 'the rape charge under section 31 of the Child Welfare Act. Other counsel agreed. Mr J. A. McCarthy, summarising the police allegations, said the girl and her boy friend drove through the lower domain and parked in “lovers’ lane” after midnight on the morning of October 2.

The youths came toward the car from the other side of the road and opened a door, said Mr McCarthy. The police alleged that one of the boys then hit the driver in the mouth and that he was then taken out of the car and searched. After a discussion the alleged offences took place.