SUPREME COURT No Defence Evidence Called In Rape Charge Trial

Press, Volume CX, Issue 32392, 3 September 1970, Page 13

SUPREME COURT No Defence Evidence Called In Rape Charge Trial

The Crown case against four youths concluded in the Supreme Court yesterday accused stated that they would be calling no when counsel will address the jury and Mr

charged with raping a girl aged 17 was afternoon and the three counsel for the evidence. The trial will continue today Justice Wilson will sum up.

The accused, Darryl William Davies, Brian Cyril Hoare and Kenneth Sydney Johns, all aged 17, and Geoffrey Raymond Laird, aged 18, have pleaded not guilty to the charge. Mr A. P. C. Tipping appears for Davies, Mr M. J. Glue for Hoare and Mr J. E. Butler for Johns and Laird. The Crown prosecutor is Mr

| P. G. S. Peniington who called 18 witnesses and put in 1 72 exhibits. Detective Constable John 1 Joseph Chadderton said that he located Davies at a dance hall at the corner of Riccarton Road and Puriri Street on the evening of May 31 and after he had introduced himself Davies had replied: “1 know it’s about that sheila." When interviewed at the ' C. 1.8. office Davies said, after told that the girl had

made allegations that persons had sexual intercourse with her against her will: “She was really intoxicated.” Davies said he did not know anything about it and had gone to the Ascot Cafe after the party and then home. He had seen the girl stumbling all around the place at the party. “She was smooching Garry and everyone else later on," Davies had said. “At supper time I asked Garry about her and later I noticed that he wasn’t having anything to do with her. 1 thought a joker might be on to a good thing here so I began to bang round I her. i “I asked if I could take her home and she had just murmured. We went out and got into the car on the back seat and later the boys came and took us to Jellie Park. I asked her to come outside with me and she didn't object. We lay down and I had intercourse with her. It was dead easy

‘No Objection’ “I can’t see how she can have complained. She didn't object whatsoever. She just lay there and let me. Brian iwas next and then Kenny. |We did it in the bushes, and {after we looked for her pantyhose and shoes,” Mr Chadderiton said Davies had said. Davies had been warned. Mr Chadderton said. At 2 a.m. on June 1 Davies was arrested on a charge of rape.

When he told Johns that his home would be searched and that the clothing he had been wearing at the time of the alleged incident would be taken possession of he had said: “I've destroyed the lot. 1 burnt them in a creek near Wayside Avenue this morning." Three pine needles were found in Johns’s bed. When these were pointed out, Johns, who was handcuffed to witness, made a sudden lunge at the bed, picked up the pine needles, crushed them in his hand and threw them into the carpet on the floor.

Edward James Reid, a company representative, said that on May 31 he was a detective constable and at 10.20 p.m. he interviewed Johns at the C. 1.8-. office. The contents of Johns’s pockets were placed in plastic bags. Johns told him that the previous night he had drunk a total of four jugs of beer at the United Service and Dominion hotels and after going to New Brighton went to Hoare’s home. Cafe Meal “He said that at the party he drank and drank and drank and just got rotten. Later he remembered going to a cafe for a meal," said Mr Reid.

Johns had said that he did not remember anything of the party he went to because he had got rotten drunk. He was not with any girl at the party and did not remember having been in a car with a girl at any time. Asked when he last had intercourse Johns had replied that he did ‘not write it down every tirrie and that he got plenty. He had it five times in the last week. Johns said that he had put the underclothing he had been wearing the previous night in the wash at home. He denied that he had done that to get rid of any stain. When asked where the pine needles that were fdund in his pockets’came from he had replied that they could have come from anywhere. He had slept put a, couple of nights before and there were pine trees at the back of his place. He had slept out because the hpuse was locked and he did not want tq wake anyone. Johns declined to make a written statement and he was arrested and cautioned at 1.20 a.m., said Mr Reid. A few minutes later Detective Sergeant Dalzell came into the room and told Johns that the other accused had made statements and that if he wished he could read them. It was made clear to Johns that he was not allowed to be questioned.

After perusing Laird’s state, ment Johns had said: “That’s foolish, isn’t it.” Statement Made

When shown Hoare’s statement Johns said without reading it: “That’s the silly mug that made that one.” After he was shown another statement Johns said:

“Oh yes, I'll make a statement too. I’ll see.” He was warned that he would not be cross-examined on anything he might say and that witness would write down word for word what he said.

Johns replied. “I’d better make it sound good for the beak. The lawyer will say ail this but I want to make sure the Judge hears It all. Half the time I wonder if they are listening as they are reading bits of paper and don’t listen to what any is saying." Johns made a statement saying that he could not remember whether he had been intimate with the girl or not as he had been drinking. He did not reckon that he did.

He said that by the way the girl had carried on while the other fellows were having intercourse with her he thought that she was enjoying it. in an addition to the statement he said that never in his life had he been responsible for misusing a girl in that manner and that he had never met a girl who had been so free with her body.

‘Very Drunk’ To Mr Butler Mr Reid said that Johns had said that he was very drunk and that at no time did he hear any complaints from the girl. Detective Constable Terrence Cecil Blumberg said that he interviewed Laird who said that he had left the party about supper time with Davies, Johns and Hoare. They had driven around town for a short time and then gone to the Silver Grill. The girl was never in the car.

He knew the girl witness was referring to as she was rotten drunk and was with a joker named Garry.

He had driven Hoare and Johns to their homes. At Johns’s place they had drunk half a gallon of beer in the car and had taken a considerable time drinking it. He had then taken Davies home and returned to his own home about 6 a.m. While they were having coffee Laird had said: “Look I'll make a statement telling the truth. The girl was in the car,” Laird told him, Detective Constable Blumberg said. Laird was arrested on a charge of rape shortly after 1.30 a.m. To Mr Butler witness said that when he first met Laird their relationship was very amicable. He thought that Laird was treating the matter somewhat lightly. He became serious when Detective Sergeant Dalzell produced the other statement. Pine Needles Detective Sergeant Alan Brian Dalzell said that he began inquiries into the matter after a complaint was received from Dr Ussher. He had found pine needles on the floor of Hoare’s bedroom and inside a pair of his shoes.

In a written statement Hoare said that he was introduced to the complainant at the party. Just before supper she “flaked” or something and he helped her stand up. “She just grabbed me and started kissing me. Then I looked at Garry and he said that be did not want her any more.

“About half an. hour later Darryl was pashing her up and kissing her. Anyhow she asked him to take her home. I'm not sure about that. Either he asked her, or she asked him. So me, Darryl, Ken and Geoff went with him. “We went to Jellie Park and when we got there Darryl got out of the car. She didn’t mind. She wanted to go out. They went into the bushes. He had intercourse with her. 1 don’t think she objected because I didn't hear any screams or anything. Then I went in and had intercourse,” the statement said.

Went Home Laird and Johns had intercourse with her then. They then went back to the car and took her home. They took her half way up the drive and told her that they would see her later on. After having a meal at a cafe they went home.

The girl had been flirting with everyone at the party, the statement concluded.