Man sobs on acquittal

Press, 2 October 1979, Page 7

Man sobs on acquittal

A man left the dock in the •Supreme Court yesterday sobbing after Mr Justice! Somers had discharged him under section 347 of the Crimes Act on a charge of! being a party to setting fire! to his home in Fendalton. Thank vou, vour Honour,” sobbed Ernest Thomas Patrick Cassidy, I aged 47, a restaurant I proprietor, who had pleaded not guilty in the Magis I irate's Court after the taking of depositions to a charge that on or about January 2. 1 979. he was a party to the ' offence of wilfully setting fire to his house at 15 Thor-! neycroft Street. When Cassidy was ar-! ratgned yesterday his counsel, Mr R. J. Gilbert, off Dunedin, moved, before the! jury which was to hear thel trial was empanelled, that! the indictment be quashed under section 347 of the Crimes Act. “Cassidy, you have been I; committed for trial on ah charge of arson,” his Honour , said. “I have read the depositions and heard submissions' in chambers from your counsel and counsel for the Crown. I am satisfied that < on the evidence, no jury,;; properly directed, could con-’i vict you and you are dis- 1 charged." ' !, No application was made;, for a continuation of the t interim order suppressing;! Cassidy's name, which wash

made in the Magistrate’s Court. I Mr N. W. Williamson appeared for the Crown. { In the Magistrate’s Court; | the Crown alleged that Cas-: |sidy had procured a man to set fire to his house in i Thorneycroft Street, while! he was in Auckland, because! Jhe was in financial diffi-i I cutties and the property was! over-insured. Detective T. B. Gaskell! gave evidence that he told ■ Cassidy that he stood to I • have the house reinstated to! the value of 5232.000, or! possibly a cash adjustment{ from the insurance company! of between 590.000 and! <8160,000. Mr Gilbert, who called no| (evidence, submited that; ■there was not one “tittle” of! (evidence to show that CasI sidy had been involved in a conspiracy to bum down the house. He had co-operated with the police but strenuously denied being involved.