CHARGES OF RAPE

Press, Volume CIII, Issue 30629, 21 December 1964, Page 8

CHARGES OF RAPE

New Trial Ordered

(N.Z. Press Assn.—Copyright)

SYDNEY, Dec. 20.

The Court of Criminal Appeal has upheld appeals by two men sentenced to life imprisonment on rape charges. It set aside the verdict and ordered a new trial. The men are Lionel Robert Burton, aged 22, and Peter Richard Holmes, aged 19. They were sentenced by Mr Justice McClemens in the Central Criminal Court on October 2, 1964. A jury found Holmes guilty of raping a 16-year-old girl and Burton guilty of having raped a 19-year-old girl at Ingleburn, in December, 1962. Evidence was given at the trial that the men were two of a gang who criminally assaulted the two girls. Burton and Holmes pleaded not guilty.

Mr Justice Breretoh and Mr Justice Manning said today the whole course of the trial as well as the summingup led them to conclude that although the matter was one on which the jury might well have found either way, far too much emphasis was placed on matters favourable to the Crown’s case and far too little was said in relation to matters unfavourable to it. The Judges said the case for the prosecution, apart from the confessions, was extremely weak. The Acting-Chief Justice, Mr Justice Clancy, dissented.

Class Entertains

Parents

Standard four pupils at St. Martins School entertained their parents at a social evening on Thursday. The programme included folk-danc-ing, recorder playing, piano duets and verse speaking. An original play by two of the pupils, Sandra Neal and Heather Jensen, entitled “Ballet Shoes” was performed.

During the evening a presentation was made by the pupils to their retiring teacher, Mr C. A. Baird and Mrs Baird. Dr. J. B. Gregory thanked Mr Baird for his work with the pupils during the last two years.

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