Teacher Not Guilty Of Manslaughter

Press, Volume CVIII, Issue 31597, 7 February 1968, Page 24

Teacher Not Guilty Of Manslaughter

(New Zealand Press Association)

WELLINGTON, February 6.

After a retirement of half an hour this afternoon, a Wellington jury found Victor Frederik Willen Soeterik, aged 24, a schoolteacher, not guilty of the manslaughter of Deborah Joy Sarney, an eight-year-old schoolgirl.

The charge against Soeterik resulted from an incident in the playground of Glendale School, Wainuiomata, on October 24 when Deborah was struck on the forehead by a golf ball which inflicted injuries from which she died three days later. Mr Justice McGregor presided at the trial and Soeterik was represented by Mr J. D. Dalgety. Mr W. R. Birks prosecuted. Before calling on Soeterik to give evidence on his own account this morning Mr Dalgety told the jury that they had so far heard little about the accused personally. He had been born in Holland and had been in New Zealand for nine years, said counsel. He trained as a teacher In Christchurch and in 1966 had taken a position at the Glendale School. There he met his wife, who was also a teacher. “Lacked Merit” “My client faces one of the most serious charges that the community can level against

a person,” said Mr Dalgety. He submitted that the charge was wrongly conceived, lacked true merit and it was doubtful whether it should have been brought at all.

Soeterik said that he saw Henry William Phillips, another teacher, drive a golf ball on the afternoon of the accident to Deborah. The ball hit a small boy and Phillips had said that it would not hurt the lad as it was only a practice ball. The accused said that when the ball was brought back he examined it and found it was made of plastic. Mr Dalgety: Prior to you addressing the ball, did you think you were going to hit a real golf ball? Accused: No. Mr Birks: Was not the ball you struck obviously different from a practice ball? Accused: No. It was lying in the grass.

Judge’s Charge

“This is a tragic case,” said his Honour in summing-up to the jury.

“These matters have been a tragedy to the parents and relatives of the child. They have been a tragedy for the accused, and there will be sympathy for him at this stage of his career.” He urged on the jury to put aside all sympathy and decide the case on the standard of care necessary in the circumstances disclosed during the hearing of the case.

His Honour said that the witness Phillips had been practising with a plastic ball, but he also had a real golf ball in his possession. “It is for you to consider whether the accused knew, or should have known, that he was striking a real golf ball. But there is no evidence that he was informed that one of the two balls was a heavy ball.”

His Honour said there was no question of intent involved, but It was a question of reasonable care, taking into account all the surrounding circumstances.

Lack of knowledge might excuse if it did not arise from lack of care.