Greenstone Theft Charge Dismissed

Press, Volume CVI, Issue 31320, 16 March 1967, Page 3

Greenstone Theft Charge Dismissed

(from Our Own Reporter) GREYMOUTH, March 15. After a retirement of less than 30 minutes a jury of 10 men and two women in the Supreme Court at Greymouth this evening returned a verdict of not guilty on charges of theft of greenstone against three Hokitika residents. Mr Justice Wilson discharged the three accused.

The three accused, Walter Hector Tainui, Bernard Joseph Radomski and Murray Andrew Allan, were charged with the theft of greenstone in the Arahura district valued at £14,420, the property of the New Zealand Government, between June, 1964, and March--1965. Represented by Mr J. D.

Cadenhead, they pleaded not guilty; Mr D. J. Tucker appeared for the Crown. Allan told the Court that in June, 1964, he and his companions formed a helicopter site and proceeded to break up the large nephrite boulders with explosives. The pieces of nephrite were then conveyed to Hokitika by helicopter. Only about 10 per cent was usable.

“My belief is that the greenstone was found by us, was pegged by us, and is still ours. I consider our licence extends within the limits of our pegs,” said Allan. Judge’s Remarks His Honour pointed out to the jury that all three accused had admitted having taken a substantial quantity of greenstone but in order to constitute theft it had to be proved that this was done fraudulently and without colour of right. The accused had no right to remove anything outside the terms of their licence no matter where they placed their pegs. The present charge resulted from the accused taking boulders from outside their own area where a licence had not yet been issued, and consequently it was still the property of the Crown.