Defence That Fall Caused Death

Press, Volume CVI, Issue 31128, 3 August 1966, Page 3

Defence That Fall Caused Death

r (N.Z. Press Association)

AUCKLAND, Aug. 2.

Mr Justice Hardie Boys will sum up in the Supreme Court, Auckland, tomorrow, in the trial of Moses Rini, aged 44, a fettler, who is charged with manslaughter.

Rini, represented by Mr K. Ryan, has pleaded not guilty

' to a charge that on May 12 at Auckland by the unlawful act of striking Christine Corry, he killed her and committed manslaughter. Mr D. S. Morris is conducting the Crown case. Mr Ryan said the defence was that Mrs Corry sustained her fatal injury not as a result of the blows or slaps that Rini may have administered, but as a result of a heavy fall. In evidence. Rini, said he tried to wake Mrs Corry when she was in a car. He helped her to get out of the car.

, “She stumbled and she fell | down on the footpath,” said ' Rini. “I picked her up again and hit her, slapped her, trying to wake her up.” Rini said he let her go and .she fell down again. He said Ihe was later asked by the police if he kicked her while she was on the ground. He had said, “No.” He denied saying that he hit Mrs Corry with his fist or while she was on the ground. Mr Ryan: Did you in fact hit Mrs Corry with your fist? —No, with my open hand. In his final address, Mr Morris said that if the jury came to the conclusion that there had been no fall, it must follow that the cause of death I was blows of the accused. In his closing address, Mr Ryan asked the jury to reject the police statement not because it was so damning against Rini. but because the defence submitted it was obtained unfairly and it was doubtful if Rini was cautioned properly.