SWEENEY APPEAL

Press, Volume C, Issue 29536, 10 June 1961, Page 12

SWEENEY APPEAL

Decision Reserved (N.Z. Press Association) WELLINGTON, June 9. The Court of Appeal today reserved its decision on the appeal of Edward McMillan Sweeney, aged 36, a freezing worker, against conviction for the murder of Isabella Black Taylor on March 8. He was sentenced to death by the trial Judge, Mr Justice Hutchison. When appellant's case closed, the President of the Court, Mr Justice K. M Gresson, asked Crown counsel (Mr W. R. Birks) to confine his submissions to the ground of appeal relating to temporary insanity. Mr Birks said that there was no evidence that at the time of the tragedy, the accused was suffering from a disease of the mind. In counsel's submission none of the six facts pointed to by appellant was a symptom of a disease of the mind. In short, there was no evidence on which to base such a defence. It was easier for the jury to find lack of intention to kill than it was for them to find temporary insanity, and yet they found that there was such an intent. With the close association of the two defences, the withdrawal of the defence of temporary insanity, even if it was improper in the circumstances, had not resulted in a miscarriage of justice, submitted Mr Birks. In renly, Mr F D. O Flynn (for Sweeney) submitted that the complete lack of contrition in accused's statement was wholly irrational and went straight to the question of insanity. It was unusual to the point of being remarkable. No one other item of itself indicated insanity, but the cumulative effect, coupled with drinking, gave the defence of insanity sufficient foundation to warrant its being considered by the jury, he said.