VERDICT OF NOT GUILTY

Press, Volume C, Issue 29523, 26 May 1961, Page 16

VERDICT OF NOT GUILTY

Jury Does Not Leave Box

After the Crown had failed to bring evidence to prove the charge, a jury in the Supreme Court yesterday, on the instruction of Mr Justice Richmond, found James Hunt, aged 29. a chef, not guilty of indecently assaulting a nine-year-old girl on February 12. 1961. His Honour discharged Hunt, who pleaded not guilty, after the jury had given its verdict without leaving the jury box.

Mr C. M. Roper represented the Crown and Mr J. H. F. Macfarlane appeared for Hunt. The girl continued her evidence when the trial resumed yesterday. She said the accused came into her bedroom, kissed her. bit her ear. bit her on the arm, and was rude to her. To Mr Roper’s questions, the girl said the accused was “rude to me” but could not say any more.

Mr Macfarlane objected that Mr Roper had already traversed the same ground five times. His Honour: At some stage I will have to draw the line, but I am not drawing it yet. Mr Roper: Did Hunt touch you on the arm. The witness: Yes. Did he touch you anywhere else? —No. His Honour then ruled that the Crown could not question the girl further. Mr Macfarlane did not cross-examine the witness and Mr Roper said he would call no more evidence for the prosecution. His Honour said to the jury: “A very necessary rule of procedure when witnesses are in the box and being asked questions by the party who called them, in this case the Crown, is that the Court should not allow leading questions to be put. in other words, questions which put the answer in a witness’s mouth.” His Honour said he had, having regard to the girl’s age and her disabilities, given Mr Roper as much latitude as possible, but the witness had not given any evidence that would justify a conviction.