Awatere Appeal Dismissed

Press, Volume CX, Issue 32214, 5 February 1970, Page 24

Awatere Appeal Dismissed

(New Zealand Press Association) WELLINGTON, February 4. The Court of Appeal today dismissed the appeal of Arapeta Awatere against his conviction on a charge of murder.

The Court comprised Mr Justice North, Mr Justice Turner, and Mr Justice Haslam. Awatere was convicted in the Supreme Court at Auckland by Mr Justice Speight last November 26. Mr P. A. Williams and Mr B. Nordgreen appeared for the appellant, and Mr D. S. Morris for the Crown. Mr Justice North delivered the judgment. The court was satisfied that the verdict was not unreasonable as Mr Williams had contended and, therefore, his first submission failed. In considering the submission that the Judge had failed to direct the jury on circumstantial evidence, the court said that there was no sub-

stance in this submission and therefore it failed. Mr Justice North said that the defence of automatism was a new one and that the proper verdict in such a case was an acquittal. However, the Court said that the trial Judge had been to great lengths to explain to the jury what was meant by automatism, and after careful consideration could find no grounds on which to allow the appeal on this submission. Dealing with the contention that there had been misconduct on the part of a member of the jury, the court said that there was not the slightest suggestion that a mistrial had resulted and the appeal was accordingly dismissed.

Earth’s Crust.—More than 100 scientists from 22 countries will meet in Wellington next week for the first symposium outside Europe to discuss recent movements of the earth’s crust.—(P.A.)