Evidence By Police In Abduction Trial

Press, Volume CI, Issue 29760, 1 March 1962, Page 14

Evidence By Police In Abduction Trial

(New Zealand Press Association)

AUCKLAND, Feb. 28.

Evidence for the Crown was completed in the Supreme Court at Auckland today in the trial of a man and a woman on charges of unlawfully taking away and unlawfully detaining two young children. Legal argument was heard in chambers after the conclusion of the prosecution evidence. The trial will be resumed tomorrow morning. The accused are Charles Gillen, aged 62, an orthopaedic plasterer (Mr J. S. Angland) and Mary Gillen, aged 38, a waitress (Mr P. B. Temm).

The hearing Is before Mr Justice Woodhouse and a jury. Mr G. D. Speight is conducting the case for the Crown.

Norman Herbert Hardy, a detective, said he began inquiries to locate the girls in 1960. On November 8. 1960, an information was laid and warrants for the arrest of the accused were made out. Widespread inquiries for them were made in Australia and New Zealand. The accused were arrested in November. 1961, at Melbourne. Witness said he went to Australia and saw the accused on November 29. Later that day witness made an application for the extradi-

tion of the accused and this was granted. During the extradition hearing Mr* Gillen made a deposition. In the deposition, which was read in court, Mrs Gillen was alleged to say that the girls' father told her he did not want them to go back to their mother, and that he was happy for them to stay with the Gillens. The girls’ father said he would make arrangements for the girls to be legally adopted, and his solicitor later said the papers had been signed. In the deposition Mr* Gillen was alleged to say that her correct name was Mary Forbes, and that she was not married to Gillen. She said that before leaving New Zealand she did not inquire who had the custody of the children. She alleged that the Child Welfare Department did not tell her that the arrangement was temporary.

She was alleged to say that she took the children out of New Zealand at their father's request. Mrs Gillen was alleged to say that Mrs Dole, the mother of the girls, always smelled of intoxicating drink whenever she came to see them.

"I knew the mother had consented for the children to come on tour with us,” said the alleged deposition. “In December, 1959, we said we might take the children on tour, and she said she did not mind where we took them, as long as she knew where they were.” On the plane coming back to New Zealand, said Hardy, Gillen said he did not realise that he had done wrong by taking the children out of New Zealand. He said the children had been placed in his care by the Child Welfare Department because the mother was not a fit person to have them. He said he had done what he had done because he was fond of the children.