The Courts Tavern manager on Manslaughter charge

Press, 19 June 1979, Page 4

The Courts Tavern manager on Manslaughter charge

The hearing of depositions of prosecution witnesses in a manslaughter charge against the manager of the Woolston Tavern began in the Magistrate’s Court yesterday.

William Shaw, aged 41, faces a charge that on March 10, in the tavern car park, he killed lan John Millar, aged 39, by unlawfully striking Mr Millar, and thereby committed manslaughter. Nine of the 26 prosecution witnesses were called yesterday. Evidence will continue today.

The charge is being heard before Mr K. W. Frampton, S.M. Mr N. W. Williamson is conducting the prosecution case and Mr P. G. S. Penlington, with him Mr J. J. Brandts-Giesen, appears for the defendant. Mr Williamson said the charge arose from investigation of Mr Millar’s death, allegedly after an argument in which the defendant struck Mr Millar twice in the face. “At least one of the blows was heavy and Mr Millar collapsed.” Mr Millar died later that night. When interviewed, the defendant denied going outside the tavern with Mr Millar and denied striking him. Peter Rudolph Henshaw, a scientist employed by the Department of Scientific and Industrial Research; said a blood sample from the deceased showed a proportion of 230 milligrams of alcohol to 100 millilitres of blood.

His blood group was “O” and blood of this category was found on two shirts, one wom by Mr Millar and the other by a witness.

£ ross-examined, he said; 47 per cent of people had: group “O” blood. The level; of 230 milligrams of alcohol was a “high value” of intoxication. Allan Aubrey Kennington said he went with Mr Millar to the Woolston Working Men s Club at 4.30 p.m. on March 10. They had four jugs of beer, one shared with another person, and drank a half-gallon flagon on their return to Mr Millar’s home. Christina Margaret Chinnery said Mr Millar had lived with her before his death. On March 10 she had invited her mother and Mrs Kennington to their place. The men went to the Woolston W.M.C. and returned at 6 p.m. Mr Millar returned very happy. He was sober and in a good mood. After her mother and Mr Kennington left, Mr Millar went to the'Woolston Tavern at 9.35 p.m. to buy a flagon of beer to take to Mr Kennington’s place the next day. Mrs Chinnery said she had never known Mr Millar to be aggressive when he had been! drinking. The only injury she had known him to suffer was in a car accident, when he complained of a stiff neck. But he did not seek any treatment. Robert George Malzard said he was drinking in the lounge bar at the Woolston Tavern on the evening of March 10 and Mr Millar sat down at his table. Mr Millar later went into the public bar for a few minutes and the defendant sat down at the table. When Mr Millar returned, he said: “Gee, George, it’s black out there.” The defendant seemed to get upset at this remark and

basked Mr Millar to explain I! what he meant. I; The defendant then got up 1 and approached Mr Millar's • end of the table. “He seemed upset and ini sisted on lan (Millar) going • out to the other bar to ex- ; plain what he meant. i “lan did not want to go • out and told the defendant to I forget about it.” i Mr Malzard said that Mr i Millar then stood up. Matters ; seemed to be getting a little heated and the witness left ■ to go to the toilet as he did i not like arguing. ; He waited until they had 1 gone before returning to the ■i table. He did not see the two again. . Margaret Jennifer Pomare . said she was at the same • table as Mr and Mrs Malzard. ; When Mr Millar made the remark about it being “pretty • black” in the other bar the . defendant said he did not care whether it was black, ' blue, green, or purple. The defendant sought an explanation of the remark, i meaning that there were a , lot of Maoris in the bar, Mrs Pomare said. The argument began to get a little heated. She said she understood that the defendant had earlier argued with another man, Stu, who was drunk and had been a “pest” earlier by giving race tips while races were being broadcast. The defendant wanted to point out Stu in the other bar but Mr Millar did not want to go, and said be wanted to drop the whole matter. The defendant was fairly insistent and after a while they went through to the; other bar. Later they came back, accompanied by Stu, she said.

The argument was still continuing and she heard Mr Millar say twice to drop the whole thingi She last saw the three men at the far end of the bar.

Tia Nanga Tiananga said he saw two men and a girl enter the hotel. One of the men was drunk and staggering. Later he saw this group leave the hotel, accompanied by the defendant. It appeared they were being escorted out

before they misbehaved in the hotel. Shortly after, the defendant asked the witness if he knew mouth-to-mouth resuscitation. The defendant went out the door to see the person whom he said had been drunk earlier, sitting down propped against a wall. He appeared not to be breathing, and the witness suggested an ambulance be called.