Supreme Court CHARGE OF RAPE

Press, Volume CIV, Issue 30919, 27 November 1965, Page 25

Supreme Court CHARGE OF RAPE

Man Found Guilty

After a retirement of two hours, a Supreme Court jury last evening found Thomas Mervyn Johnstone, aged 34, a hus driver, guilty of the rape of a 17-year-old girl at New Brighton on October 6.

Mr Justice Macarthur remanded Johnstone in custody for sentence on December 2. Johnstone, defended by Mr G. R. Lascelles, had pleaded not guilty. It was Johnstone's second trial on the charge. An allmale jury which heard the case on November 15 failed to reach agreement. Yesterday, Johnstone was tried by a jury of nine men and three women.

After an all-day hearing, the jury retired at 4 p.m. and returned with its verdict of guilty at 6 p.m. Mr C. M. Roper led the case for the Crown. It was alleged that after taking the girl complainant out to dinner on the evening of October 6, Johnstone had agreed to drive her to a party at Buckleys road, Linwood, but instead had driven to a side road off New Brighton road, near Palmers road. Here, it was alleged, he had offered the girl £8 to have intercourse with him and on her refusal, raped her in his car. Detective-Sergeant A. G. I. Rodgers, giving evidence of questioning Johnstone after the girl’s subsequent complaint said that Johnstone had denied touching the girl in any way. Mr Lascelles did not call evidence for the defence, but made an hour-long address to the jury.