Supreme Court Found Not Guilty Of Rape

Press, Volume CV, Issue 31012, 18 March 1966, Page 16

Supreme Court Found Not Guilty Of Rape

After being warned by Mr Justice Macarthur that a danger existed in convicting John Paterson, aged 22, a ship’s steward, of rape because of the uncorroborated evidence of the 17-year-old girl complainant, a jury in the Supreme Court yesterday acquitted him, after a retirement of an hour and a half. Paterson, a member of the crew of the New Zealand Shipping Company’s vessel Rangitoto, had pleaded not guilty, and was defended by Mr L. M. O’Reilly. After the jury had returned its verdict, Paterson was discharged. His Honour told the jury he could find no independent evidence sufficiently cogent to corroborate the girl’s identification of Paterson as the man who had attacked and raped her in a darkened pantry during a party in Rutherford street, Woolston, on the evening of January 27. Police evidence, as given by Detective B. J. Preston when the trial continued yesterday morning, was that Paterson, when apprehended on returning to his ship at 12.15 a.m., had denied molesting any girl at the party, and as to the alleged rape “knew nothing about it.” Detective-Sergeant E. G. Ward said that the girl complainant. and another girl at the party, had unhesitatingly picked out Paterson at an identification parade held in the Lyttelton police station about 2.30 a.m. Mr N. W. Williamson, for the Crown, submitted that the jury could have no doubt that the girl complainant had been raped—but would have to consider whether Paterson was the man responsible. As to that, the girl’s identification • of him had not been shaken | in any way. Mr O’Reilly submitted that the jury must have very many doubts, indeed, about the .whole case, especially on the

identification of Paterson. The jury, he suggested, must have many doubts about the girl’s credibility, considering her immoral mode of life. Her character suggested she might have consented to intercourse. When people came as a result of her screams, her complaint had been: “He tried to kill me” —not that she had been raped. Mr O’Reilly submitted that the girl was unreliable in her evidence, especially as to the identification of Paterson in a darkened pantry—and further, that there was evidence showing that Paterson had left the Rutherford street party about 9.30 p.m. whereas the girl w T as raped about 10 p.m.