Charged With Manslaughter

Press, Volume CII, Issue 30191, 24 July 1963, Page 17

Charged With Manslaughter

(New Zealand Press Association)

AUCKLAND, July 23. The trial of Toeleiu Maiava, aged 41. a linesman, who is charged with the unlawful killing of Ana Silao, aged 2j, opened in the Supreme Court, Auckland, today before Mr Justice Woodhouse and a jury. Maiava is alleged to have unlawfully killed the child on or about May 27 at Auckland thereby committing manslaughter. He is represented by Mr S. C. Ennor and Mr H. D. Knight. Mr G. D. Speight, with him Mr A B Lawson, are appearing for the Crown.

In his opening address, Mr Speight said accused was a Samoan and was married with four children, the oldest being seven and the other a baby. He lived with his wife and children in a two-storey house in Summer street. The dead child lived with the Maiavas. She was the child of a relative and had lived in the Maiava home since just after being bom.

Evidence would be called that would show the child was mentally and physically handicapped and was slow in developing. She had a hip disease, had not learned to walk and could barely crawl. Mr Speight said Maiava's wife did cleaning work at night and on the night in question had left the house before Maiava came home. Evidence would be called that about 930 p.m. Mrs Maiava ran over to a neighbours house carrying the child.

At Auckland Hospital it was found the child's skull was fractured on the right side and there was damage to the brain. She underwent surgery late that night but died the next morning. Maiava. questioned about the child's condition, said he found Ana lying at the bottom of the stairs when he heard a noise while he was preparing a bottle for the baby.

He took her upstairs, put her in her cot and slapped her a couple of times to try to bring her around. He said he had used no violence on the child except for the slapping. said Mr Speight. Mr Speight said inquiries were made from the Maiava's eldest son David aged seven. He said he was awakened by a crying noise. His father kicked the child and hit her about the head causing her to fall down.

Mr Speight said that as well as the fracture of the skull the pathologist found a number of bruises on the child's body, some old and some recent. It was also found the girl had some broken ribs. The pathologist would say they were caused by pressure and crushing rather than from a blow as one would get from a fall. Crown witnesses gave evidence along the lines of that in the Lower Court.

The case is proceeding.