Father Charged With Abduction Of Child

Press, Volume CII, Issue 30062, 21 February 1963, Page 16

Father Charged With Abduction Of Child

(New Zealand Press Association)

WELLINGTON, February 20.

Douglas Toroa Byers, aged 30, a taxi proprietor, had taken the law into his own hands, the Crown prosecutor, Mr J. D. Murray, alleged in the Supreme Court at Wellington today. Byers was jointly charged with Russell Lenley Scrhill, aged 23, a driver, Joyce Elizabeth Scahill, aged 20, a housewife, and Ramon Trevor Turner, aged 32, a driver, with conspiracy to commit a crime and abduction of a child.

Mr R. Stacey, with him Mr J. A. L. Gibson, appeared for the accused. Mr Justice Hutchison presided.

Mr Murray, reviewing the Crown evidence, said Byers was the natural father of an illegitimate child, Paul Barr, born in Auckland in December, 1961. The child was subsequently called Graham Barr for adoption purposes. The child’s mother, Mrs Patricia Beryl Barr, had lived in Petone with Byers and later left him, taking the child with her.

Byers appeared to have employed a private detective to find the baby. Byers subsequently applied to the Magistrate’s Court for custody of the child, and Mrs Barr successfully “resisted the proceedings.” Byers’ application to the Supreme Court for a writ of habeas corpus was declined by the Court.

In May last year Mrs Barr arranged for the child to be adopted and the Child Welfare Department placed it with a Mr and Mrs Stowell, of Masterton, said Mr Mur-

ray. There appeared to have been opposition by Byers to an application for adoption) which had been lodged in the Magistrate’s Court, Masterton. After alleged incidents which formed the subject of the charges the application to adopt was withdrawn. Mrs Stowell would testify that on the evening of September 22, 1962, she put the child Graham to bed in a room with her own child. Just before 11 p.m. Scahill called at the Stowells’ home and, saying her husband had hurt his back while doing something with the wheel of his car, asked Mrs Stowell for help.

At the front gate Mrs Stowell saw a man squatting beside a car, Mr Murray said. The man had said “something about getting over a slipped disc” and Mrs Stowell and Mrs Scahill helped him to his feet. A jack was removed from the car and Mrs Scahill and the man drove off at high speed. Found Missing Mrs Stowell, after continuing with her domestic duties, noticed that a door was open and found Graham missing. Another witness for the prosecution. Miss Jean Kay, would testify that on September 22 Byers told her he would visit Masterton and that she herself had thought she would take the opportunity to visit her sister, said Mr Murray. She accompanied Byers in a taxi and was introduced to Turner. At Masterton Kay had met Scahill and his wife. Byers, when asked by Kay the purpose of his visit to

Masterton, had allegediv replied: “The less you know the better.” Kay was later handed a baby in night attire by Byers and she told him to return the baby. Mr Murray said that Byers, when interviewed by a police officer an December 23, had said he knew nothing about the child apart from what he had heard on the radio. He had denied that the accused Scahill had been with him at the week-end. Turner had said he “did not take any part in it and had a sore back" and that he had been engaged on the case when employed by a private detective agency. He had added that he had not been paid any money for helping Byers and had helped him as a friend.

Mr Murray submitted that there “could really be no suggestion that what was done was done in good faith.” Byers, after attempting to persuade the Magistrate’s Court and the Supreme Court he was entitled to custody of the child, had taken the law into his own hands.

The hearing will continue tomorrow.