SUPREME COURT Statements Admissible In Trial Of Two Men

Press, Volume CIX, Issue 31987, 14 May 1969, Page 8

SUPREME COURT Statements Admissible In Trial Of Two Men

Evidence of admissions made -by lan Nelson Benbow and Peter McDonald Allan when they were interviewed at the Auckland Police Station was given by Detective Robin Herbert Criglinton when the trial of the two accused continued before Mr Justice Macarthur and a jury in the Supreme Court yesterday. Benbow, aged 23, an unemployed chef (Mr J. S. Bisphan), and Allan, aged 21, a freezing worker (Mr W. A. Wilson), pleaded not guilty to a joint charge of assaulting Desmond Kenneth Burke and Maureen Frances Burke, on or about March 12, with intent to facilitate the crime of theft, and to two joint charges of burglary. The charges of burglary relate to the entering of the Yaldhurst Hotel, of which Mr and Mrs JBurke were proprietor* on or about March 12,

and breaking and entering the : Hunterville Hairdressing i Salon on March 14. Mr A. D. Holland, with him Mr 1.,J, S. Reeves, appeared [for tte Crown. I Detective Criglinton was ' the first witness called yesterday afternoon when the hear- . tag resumed before the jury : after evidence and legal argument had been heard by his Honour in the absence of the jury on the admissibility of written and oral statements made by the accused. His Honour said he was satisfied all the statements were made voluntarily by the accused without mental coercion or improper influence on i them which would render the statements inadmissible at common law. i “I am quite satisfied no i threat or other inducement was employed,” his Honour said. Interviewed Accused Detective Criglinton said he interviewed Benbow at the Auckland Police Station on March 16. Benbow admitted “doing a job” at Hunterville. : He said they smashed a glass

door and took cigarettes, cash, razors and other items. Benbow admitted that he and Allan were responsible for the burglary and assault at the Yaldhurst Hotel after driving there in a car they had taken from a street in Christchurch. They picked the back door lock add went into the bedroom where he grabbed the woman and Allan went for the man. “They put up a bit of a fight so we shot through,” Benbow told the witness. Detective Criglinton said he then interviewed Allan who admitted they were both responsible for the burglary and assault at Yaldhurst and the burglary at Hunterville. Allan said he hit the man in the bedrom on the head with an ashtray. Allan said he had a knife in his possession but must have dropped it somewhere. The next day they travelled north in the car they had taken. Changed Mind Detective Sergeant Trevor John Joy said in evidence that he interviewed Benbow and Allan at the Christchurch Police Station on March 27. “Benbow said, T have got some good information for you.’ I asked what it was and he said, ‘I didn’t do the job at Yaldhurst, it was Carl Rosel and Steve Goddard.' "I asked him why he had told the Auckland police that he had done .it and to this he replied that he was going to take the rap for them but changed his mind when he found out he was charged with aggravated assault.” Detective Sergeant Joy said Benbow declined to make a written statement in support of his allegation. Benbow said, “You’ll hear all about it in Court” The witness said that during his investigations he found

no evidence to support Benbow's allegations. The hearing was adjourned until today for addresses by counsel . and his Honour’s summing up when counsel for the accused said they did not intend to call evidence.