Acquittal In Murder Trial

Press, Volume CVIII, Issue 31830, 7 November 1968, Page 22

Acquittal In Murder Trial

(New Zealand Press Association)

HAMILTON, November 6.

lan Leslie Dalgleish, who had admitted shooting George Henry Tate to death at Taumarunui on August 22, walked from the Hamilton Supreme Court soon after 5 p.m. today a free man.

Five hours and 25 minutes after retiring to consider a verdict an all-male jury announced it had found Dalgleish not guilty to a charge of murder and not guilty of manslaughter. The accused wept in the dock as Mr Justice Henry told him: “You are discharged.” The jury returned half an hour before reaching its verdict to seek directions on the legal definitions of selfdefence and provocation. Dalgleish, aged 54, an engineer, of Taumarunui, was charged with the murder of Mr Tate, a 39-year-old railway worker. He pleaded not guilty. Mr D. W. McMullan appeared for the accused and Mr K. L. Sandford prosecuted.

The prosecution said the case was one of the eternal triangle, involving the accused, his wife, and the other man. Fourteen witnesses were called.

His Honour told the jury It had three possible verdicts

from which to choose—guilty of murder, guilty of manslaughter, or not guilty of murder or manslaughter. He said the accused’s lack of memory was no defence at all. It might have arisen because he did not want to remember, or from the awfulness of the

tragedy. The matter of self-defence could be considered, his Honour said, if the jury decided the accused had believed Mr Tate was about to assault him when he ran towards him.

Referring to provocation he said the important factor was whether the retaliation was proportionate to the provocation given.