NOT GUILTY VERDICT

Press, Volume CI, Issue 29784, 29 March 1962, Page 16

NOT GUILTY VERDICT

Manslaughter Trial (N.Z. Press Association) AUCKLAND, March 28. After a retirement of two hours 40 minutes a jury in the Supreme Court at Auckland today acquitted Augustine Francis Williams, aged 19, a freezing worker, and Felix Terry Fidow, aged 19. a workman, on a charge of manslaughter. Mr Justice Turner, who presided. discharged the accused.

Williams and Fidow were charged with the nunslaughter of Brian Theophilus Moiloy on October 7, 1961 The Crown alleged Molloy died as the result of being struck on the head by a rock The trial lasted three days His Honour, summing up. said that what had to be proved was that Molloy met his death by an unlawful act of the accused. Therv was no quarrel with Williams’ statement that he threw the stone that went through the windscreen. If the jury decided that Molloy died through that action, it had to decide whether he threw the stone in selfdefence.

Was the act of Ratu driving the car back an assault? asked his Honour. If Williams honestly thought he was going to be assaulted, then he was justified in using some degree of force depending on whether he had pro voked it or no<t. Was it necessary to throw the rock’ Would not a step to one side or on to the footpath, have been equally effective? By its verdict the jury would prescribe the behaviour of the community, said his Honour

It was very necessary that the law should prevent young men from engaging in what amounted to gang warfare and then let them shelter under the excuse of selfdefence.

The Crown did not allege that Fidow threw the stone

through the windscreen, but that the death occurred through an unlawful act in which they were both engaged