Clerk Not Guilty Of Manslaughter

Press, Volume CII, Issue 30269, 23 October 1963, Page 15

Clerk Not Guilty Of Manslaughter

(New Zealand Press Association) TIMARU, October 22. After retiring for 55 minutes a jury in the Supreme Court at Timaru today found Trevor John McKeever, aged 19, not guilty of manslaughter and he was discharged.

McKeever, a merchandise clerk, had been charged with the manslaughter of Kevan Denley. aged 21, who died from a bullet wound on the premises of Dalgety and New Zealand Loan. Ltd., on August 16. At the direction of Mr Justice Henr ■. McKeever was also found not guilty of recklessly discharging a firearm without regard for the safety of others. The Crown Prosecutor was Mr M C. Gresson. and Mr P. T Mahon, with him Mr M. J Green, appeared for McKeever Detective's Evidence

Detective Inspector W. E Hollingshead, ot the Christchurch CJ.B.. said tests to trace the trajectory ot the bullet had failed to show whether the rifle had been fired from the shoulder or the hip

McKeever had told him that his only experience with firearms had been during cadet training and a few shoots with 22 weapons The accused admitted that ne knew a rifle should always be regarded as being loaded, and that a rifle could not be fired while the bolt was open. The witnes said MeKeevei had told turn he had no knowledge of trigger pressures, and agreed that ht must have had his finger on the trigger, but dented aiming the rifle at Denley as some kind of joke. Responsibility Addressing the jury. Mr Mahon, said the responsibility for the accidental death of Denley was that of the person who had left a loaded rifle in the store McKeever, he said, had been guilty >f an error of judgment by not looking in the breech, but he had not been guilty of negligence. Mr Gresson told the jury there was no doubt that Mc-

Kever had the rifle in his possession when Denley was shot

McKever picked up the rifle and had failed to check if it was loaded. He had "iislr home the bolt, walked into the merchandise store, where he knew Denley would be. and had pointed the rifle towards Denley McKeever’s finger must have been m the vicinity of the trigger, as =ome pressure or movement on tbe trigger was necessary to make the weapon fire. “The totality of these actions add up to failure to comply with a legal obligation.” Mr Gresson said. His Honour, summing up. said a high respo-«ibiiity in Denley's death rested with the owner of the rifle, the late Mr Frank Shields. But. be said, the jury had to look at what McKeever had done and if, in the jury's opinion, a material part of responsibility rested with McKever. then that would be sufficient to convict