Alleged Statement By Accused

Press, Volume CIV, Issue 30819, 3 August 1965, Page 3

Alleged Statement By Accused

(N.Z. Press Association) AUCKLAND, Aug. 2. Bruce Allan Hensley aged 22, a cabinetmaker, made an alleged statement admitting that he left Edward Burns Bryson lying on the ground after kicking him in self-defence during a fight, the Crown submitted in the Supreme Court today. Hensley pleaded not guilty to the murder of Bryson, aged 44, chief steward in the m.v. Kaitawa. Mr P. B. Temm and Mr E. J. Wright appeared for the accused. Mr G. D. Speight and Mr C. M. Nicholson represented the Crown. The case is being heard before Mr Justice Moller and an all-male jury. Opening for the Crown, Mr Nicholson said Hensley had

made a voluntary statement to the police in Mr Temm’s office, two days after Bryson's death.

In this, accused said he had been drinking with Bryson earlier that day. They were returning to the ship from Auckland. Although Hensley wanted to go home as he was sick, Bryson drove to Chelsea. In the grounds of the sugar refinery he stopped the van and told Hensley to get out. Bryson made an improper suggestion and started to fight. “He was a lot stronger than I was,” according to the statement. “He said he would kill me, and I thought if only I could get away I would jump in the driver’s seat and drive off.

“He had a belt wrapped round his fist. We punched each other, but I cannot remember all that happened. Then he was on the ground and I saw my chance and kicked him. He rolled on the ground and I made for the van and jumped in. . “I did not want to do him

any harm, but I thought he was mad enough to harm me, if I gave him the chance,” read the alleged statement. Mr Nicholson said Bryson’s body was found on the roadside at 1 a.m. Injuries were confined to the face and scalp. A doctor would say they were consistent with being made by a blunt instrument being used with considerable force.

Death was due to asphyxia caused by inhalation of blood from wounds to the face and mouth. When the accused was later examined he had no injuries, apart from slight abrasions.

Mr Nicholson said that if the jury felt Hensley kicked Bryson, intending to injure him to cause bodily harm that might result in death and was reckless as to whether death might occur, it would be murder.

- But if it was found there was provocation it would have the effect of reducing the

charge to one of manslaughter.

It was for the judge to decide if there was any evidence of provocation and he would direct the jury accordingly. If the accused was intoxicated so as to be incapable of forming the necessary intent to kill, he was not guilty of murder. Mr Nicholson submitted Hensley knew full well what he was doing. He admitted kicking Bryson in self defence, said Mr Nicholson, but there were no marks on Hensley’s body consistent with a fight. On Bryson’s body there were no wounds on the chest and arms to suggest a fightjust six wounds apparently caused by six strong kicks, delivered when Bryson was on the ground. "You may feel that these wounds are inconsistent with Hensley’s statement of selfdefence,” said Mr Nicholson. The trial will continue tomorrow.