Magistrate’s Court Decision Today On Fitness To Plead To Murder Charge

Press, Volume CI, Issue 29760, 1 March 1962, Page 11

Magistrate’s Court Decision Today On Fitness To Plead To Murder Charge

The decision whether Peter Josephus Koning, aged 33, a wool spinner, is fit to plead to the charge of murdering Dulcie Jessie Rhodes, aged 31, a shop proprietor, of Waikuku Beach, on December 9, was reserved until this morning by Mr A. P. Blair, SM, in the Magistrate’s Court yesterday. Koning is represented by Mr W. F. Brown, with him Mr Gr. T. Mahon The prosecutor is Mr C.M. Roper. Two witnesses were heard yesterday, Dr. Reginald Warren Medlicott, for the defence and Dr. Patrick Phillip Savage.

Dr. Medlicott, senior lecturer in psychiatry at the Otago University School of Medicine, said he had examined Koning on a number of occasions. He was a serious paranoid schizophrenic of many years’ duration and •was not mentally fit to stand trial.

“I would not have the slightest doubt in writing a certificate as to Koning’s insanity, I do not think he could give proper instructions to counsel,” Dr. Medlicott said.

Dr. Savage, who has specialised in psychiatric medicine for 11 years and is a member of the staff of Sunnyside Hospital, said he had examined Koning on four occasions and thought he was fit to plead and stand trial. When he saw Koning on January 31 he was generally co-operative, Dr. Medlicott said. But at times there were long pauses in the reply to his questions and he lost contact with Koning. He was satisfied that the language difficulties were not the main block.

“At times Koning grinned ■without reason and at other times he became suspicious and hostile. When he was asked why he was being examined he kept referring to a bruised rib which had occurred about two years ago,” said Dr. Medlicott.

Told he was not in gaol for this. Koning said he had hit a woman. Dr. Medlicott said. Asked if he disliked the woman he became very angry and shouted: “Let a man free.” At the second interview Koning was asked what would happen if he was found guilty and he had replied that this would not happen but that if he was he would have to pay a lot of money, said Dr. Medlicott. At a subsequent interview

Koning said: “Doing nothing was no good.” Dr. Medlicott said that his opinion was that so long as Koning was able to move about, such as taking long bicycle rides, he was able to keep some semblance of normality but when he was confined his condition deteriorated. To Mr Roper, Dr. Medlicott agreed that the accused had made a fairly coherent and accurate statement to the police but since that time his condition had deteriorated. Dr. Savage said, in his opinion Koning was fit to stand trial. He could not state categorically that he was suffering from a mental illness. He would find it difficult to write a certificate certifying him insane at this stage of his investigation. There was one possibility that Koning might be a normal sane person. Mr Roper said he realised that the matter presented a difficulty but he maintained that if the defence had its way and Koning was not committed for trial it would deprive him of having his case tried. He said there was no siimlar case in the legal history of New Zealand or England. It would be grossly unfair to have Koning stand trial, submitted Mr Brown. He would be unable fully to comprehend the hearing. (Before Mr E. S. J. Crutchley, S.M.) BREAKING AND ENTERING Charged with breaking and entering the warehouse of Suckling Brothers, Ltd., and the theft of 22 pairs of shoes on December 1, Frederick Charles Powell, aged 43, a workman, was remanded in custody until March 2 for a probation officer's report and sentence Powell (Mr B. G. Dingwall) pleaded guilty to the charge. Sergeant V. F. Townshend said the three other men concerned In the offence had already been dealt with by the court. The accused was employed as a night watchman by Suckling Bros. The firm found shoes were disap/earing overnight and after a stock check found £7B wo/jh missing. CASE DISMISSED An application for sureties of the peace brought by Maude Halliday, a music teacher, against John Thompson Harris, a commzroial traveller, was dismissed. After hearing evidence the Magistrate said that as since December things had been very quiet and he could not be sure that the conduct of the defendant would be repeated, he would have to dismiss the case. NO I NCOME RETUR N Desmond Alexander McCaskey was convicted and fined £7 on a charge of failing to furnish a return of income on Augusi. 7. McCaskey pleaded guilty

through Mr A. K. Archer, wbo said his client was a retired accountant who derived all in. come from various businesses of a complex nature. His health had been bad for a number of years, said Mr Archer. For failing to furnish a return of income on August 7, Dixon Neil Whiting, a hairdresser and tobacconist, was convicted and fined £7. Whiting did not appear.

FAILED TO CLOSE SHOP Pleading guilty by letter to a charge of exposing nonexempted goods for sale in his mixed business at 44 Lincoln road on January 21. Michael Docherty was fined £2. Thomas Francis Evans and Patricia Maureen Holder were each fined £2 on charges of having non-exempted goods exposed for sale on January 21. Both pleaded guilty by letter. Leonard Henry Pettet was convicted and fined £1 for failing to close hds shop at 919 A Colombo street on January 21. Pettet pleaded guilty to the charge but said the shutters were broken and that there was nothing on display. UNDERSIZED FISH Mervyn John Carlyle and Jack Hoyden Carlyle were each fined £1 on a charge of taking undersized fish from Lake Ellesmere on October 23. They w»e ordered to pay costs only when convicted on a charge of having fish in excess of the limit. Both defendants pleaded guilty. REFUSE ON PROPERTY Charged with having an offensive accumulation of refuse on his property at Lyttelton. Robert William Allen was convicted and fined £3. Allen did not appear. CHARGES ADJOURNED Five charges of wilfully making false returns of income against Annette Mary Eleanor Jane Clifford were adjourned until March 28. REMANDED Maurice Ngamanu Riritahi was remanded in custody until March 2 on a charge of robbery to the value of £H from George Edward Hocking on February 25. Ronald Reginald Chick, aged 34. was remanded in custody until March 5 on a charge of burglary on February 22. (Before Mr E. A. Lee. SR.) RESERVED DECISION In a reserved decision the Magistrate convicted Kenneth Reuben Browne, aged 29, a drainage contractor, on chargee of unlawfully dealing in liquor in the Druids Hall, Woolston on August 3 and using the hall for the consumption of liquor on the same date. A fine of £5 was imposed on each charge. Browne (Mr M. G. L. Loughnan) pleaded not guilty to both charges when the case was heard on February 9. When entering a conviction on the charge of unlawfully dealing in liquor the Magistrate said he was convinced the defendant had not discharged the onus imposed upon him by section 230 of the Licensing Amendment Act, 1960.

On the second charge the Magistrate said that although horse racing was the primary purpose of the evening drinking had played a very important part.