Youth’s Death: Evidence Agains Two Accused

Press, Volume CIX, Issue 31983, 9 May 1969, Page 20

Youth’s Death: Evidence Agains Two Accused

The taking of depositions in the Christchurch Magistrate’s Court yesterday on a joint charge of manslaughter against Rex Wahrlich, aged 23, a plasterer, and Douglas James Jury, aged 19. a labourer, had not ended when the Court rose. The hearing will continue today.

Mr H. J. Evans, S.M., Is on the bench. Mr K. Ryan, of Auckland, appears for Wahrlich and Mr G. S. Beckett for Jury.

The accused are charged with causing the death of Kelly John Rourke, aged 18, by striking him. Leonard Lawrence Treadgold, a pathologist, said that he had examined Mr Rourke's body and in his opinion the cause of death was acute heart failure attributed to acute non-specific myocarditis.

There was a laceration of the upper lip, a small area of loss of superficial layers of skin just below the right knee, a slightly deeper abrasion on the right ankle, a small bruise over the right shoulder blade, a small abrasion over the left shoulder blade and three separate abrasions and a small bruise on the small of the back.

The heart was slightly enlarged and the muscle was soft and rather pale, the witness said.

To Mr Ryan the witness said that he took a blood sample and the Government analyst reported a bloodalcohol level of 40 milligrams. John Matthew Rourke, a retired draughtsman, of 54A Matai Street said to Mr Ryan that he had not known his son had an enlarged heart and suffered from a heart condition. Companion’s Evidence Alexander James Martin Copland, aged 16, a machinist, said that he knew Jury but not Wahrlich. About 1.30 a.m., on April 19, he and Mr Rourke were in Cathedral Square after a dance and saw two girls, one of whom he knew. A Zephyr car drew up beside them and the driver called one of the girls over. After she returned the girls agreed to be taken home. After driving one of the girls to her home at Sumner Mr Rourke drove back towards the city. About 2.30 a.m. Mr Rourke stopped the car at Shag Rock and went behind a road grader. Just as Mr Rourke was getting back into the car the Zephyr they had seen in the Square pulled up. Three men got out and came over. One said: “My- father owns that grader.” One accused Mr Rourke of tampering with the grader. Mr Rourke denied this and took the three behind the

grader to show where he had urinated.

“The next thing I remember is three of them rushing out from behind the grader. They jumped into the Zephyr and it took off at speed towards the city,” the witness said.

The witness said he found Mr Rourke on the ground, and soon Mr Rourke stopped breathing. To Mr Ryan the witness said that neither he nor Mr Rourke had been drinking. He denied that Mr Rourke was : a local fighter and said that while he had been with him be. had never been involved in a fight Phillip James Cusdin, a designer, and the owner of the Zephyr car, said that he and two companions were parked in the Square when they met Wahrlich, and they later picked up Jury. After driving to Sumner they were coming back to the city when they saw a parked car and someone suggested: “We’ll have a bit of fun.”.

Followed by Wahrlich, he went over to Mr Rourke, the driver of the other car, and said: "What are you doing with my old man's grader?” Mr Rourke said he had stopped to relieve himself and offered to show them where he had been.

“Was Punching Him" After the three had walked behind the grader the witness was looking at the ground when he heard a “whoof” and saw Mr Rourke falling. Wahrlich was punching him in the face and stomach. “When Rourke went down he tried to pull Wahrlich with him,” the witness said. “Wahrlich remained on his feet and was astride Rourke; He said to Rourke: ‘Don’t lie to me, son.’ He then turned round and kicked Rourke in the head about two or three times, I think. I told him to cut it out. At this stage Jury came running across and kicked Rourke in the back at the kidneys. Rourke let out a bit of a cry and he kicked him once or twice more. I

said for the second time: ‘Stop it’.” The witness said that when they were - driving back to the city the two accused were more or less gloating. Wahrlich said that it had helped him to get rid of some of his hatred, and Jury said he had enjoyed it and the next one was his.

Tq Mr Brockett the witness said he had been in to the police training school but had not continued with the course. When he told Mr Rourke that his father owned the grader he was “just having him on.”

To Mr Ryan the witness said he had. left the training school because he had failed his examination. Further questioned, he said that he had been found guilty of cheating. There had been half a dozen bottles of beer in the car and he had had liquor at a hotel.

Payment Approved.—The Northland Harbour Board approved yesterday payment of $5OOO to Mr N. D. Cullen, a former genera! manager, as compensation for loss of office. —(P.A.)