ACQUITTED OF MANSLAUGHTER

Press, Volume CIV, Issue 30682, 23 February 1965, Page 3

ACQUITTED OF MANSLAUGHTER

(N.Z. Press Association) GISBORNE, February 22. A Supreme Court jury of nine men and three women late this afternoon acquitted a 37-year-old scrubcutter, Boy Ahuroa Katipa, of a charge of manslaughter. Mr Justice Boys was on the bench.

Katipa pleaded not guilty to a charge, that on January 7, by striking Reginald Ngatai a blow or blows to the head, he injured Ngatai, causing his death on January 8. The Crown prosecutor, Mr J. G. Nolan, conducted the Crown case and Mr J. C. Kinder represented the accused. Ronald Hugh Lougher, a

Masonic Hotel barman, said accused and Ngatai had a game of draughts jn the public bar. Ngatai won the game, and later the two were involved in a fight. Witness heard the accused telling Ngatai there was no need to “skite” about his victory.

Claude Nepia, who was in the bar at the time, said Ngatai was “showing off” over his wins at draughts. He and the accused began to fight. After the fight was broken up the accused left with another man. Alan James Sefton said he saw the accused and Ngatai fighting on the street pavement. Ngatai hit his head on the pavement after he had been struck a “considerable” blow by the accused. Ted Materori Mita said he saw the fight and the blow which put Ngatai to the ground. The accused appeared to be getting the worst of things.

For the defence Douglas Ponare Gordon said that as soon as accused stepped down on the pavement Ngatai “let go” properly, probably landing at least four blows before the accused could retaliate. Sergeant N. T. Dobson, of Ruatoria, said when Ngatai had a bit of liquor in him he was inclined to go out of his way for a fight.

Accused told the court Ngatai started to throw punches, and he was forced to defend himself. He threw a punch which connected and Ngatai went down but got up and hit him in the stomach.

Katipa said he hit Ngatai, who went down, hitting his right temple on the pavement.

Cross-examined, accused said the only way he could account for the injuries suffered by Ngatai was the manner in which he went to the ground.

Summing up, his Honour said the jury was faced with two serious doubts, whether they were satisfied that a blow from the accused caused death, and whether what the accused did was on the grounds of self defence.

The Crown had called two separate views of evidence, which were in conflict with each other.

His Honour said the jury might consider it significant that one Crown witness had said that the deceased had struck the right side of, his head on the pavement when he fell, and the medical evidence was that the greater part of the brain injury was on this side. Dr. M. G. Sommerville, a Tauranga pathologist had said that there wasn’t any fall on the pavement, that this just did not happen, but that it was seven or eight severe punches which caused the brain injury.