Man jailed for washing clothes of accused

Press, 15 July 1980, Page 4

Man jailed for washing clothes of accused

An unemployed sickness beneficiary who has ‘“got a drink problem" was jailed for six months by Mr Justice Casey in the High Court yesterday.

Albert Kaye, aged 41, unemployed, was appearing for sentence on a charge of attempting to obstruct the course of justice by washing blood and paint stains from the clothing of two men who have been jointlycharged with the murder of George Carrodus, a barber, in a Lincoln Road shop, on February 7 21. Kaye’s de facto wife, Christine Sue-Anne Dowie, aged 19. who had also been found guilty by a jury on a joint charge with her husband of attempting to obstruct the course of justice, was put on probation for a year.

Evidence was given at the trial that Kaye, who lived in

a State house in Lyttelton Street with his de facto wife and a young baby, was waiting outside for 10 minutes for the Lion Tavern to open on the morning of February--21 and spent most of the day and evening drinking. The two men. who have been charged with murdering Mr Carrodus, were boarding with Kaye and his de facto' wife. After the two men arrived home just before 10 p.m. and after making certain remarks. their clothing was washed.

Mr K. R. Ayers, for Kaye, . said that the prisoner was ; very- drunk at the time and had no foreknowledge of the events involving his two . boarders on that evening. He was confronted by a very bi- ■ zarre situation when the two men arrived home and made some fantistic statements. They were both behaving strangely and one was hysterical while the other

was wandering around with a can of petrol near a heater. Because of that and Kaye’s drunken condition it was understandable that he had done the wrong thing because of mistaken judgment. Kaye had gained no personal benefit from what he had done, Mr Ayers said. For Dowie, Mr Nation said that her young baby- boy needed constant attention because of a heart condition. Although she had known Kaye for some time she had stayed out of trouble previously.

Mr T. A. McCaw appeared for the Crown.

His Honour, speaking to Kaye, said that he was going to tell him at the outset that the Court had to treat the offence as serious. "You were clearly the instigator of what took place on this occasion and the only sentence 1 can possibly impose, in spite of what Mr

Ayers has urged on me. is one of imprisonment." his Honour said. He would take into account the evidence that Kaye had been drinking most of the day and evening. His impression gained during the course of the trial was that Kaye’s conduct on this day was very much in keeping with the sort of life of general social irresponsibility that he had been leading for many years. That was shown by the trouble he had been in and the sentences which had been imposed on him. “You have clearly got a| 'drink problem and the solu-i tion to that is entirely in your own hands," said his Honour. ; He was therefore inclined i to pay regard to what Mr! Ayers had said about the! degree of Kaye’s culpability! which he had to take into account. This was not the

case of somebody deliberately setting out as.part of a planned operation to destroy evidence. It was to Kaye’s credit that he had befriended one of these young men and had tried to help him in the past. They were staying in Kaye’s house and he thought it was fair to treat what took place on that night us something Kaye was suddenly confronted with. "It was a decision you made on the spur of the moment in a misguided attempt to both help these two

young men and possibly to try and get yourself and your household out of the situation where it might be thought that you had some association with what they had done." his Honour said.

Speaking to Dowie his Honour said that Mr Nation had expressed all that could be said on her behalf. She had obviously demonstrated herself to be a young woman of considerable character. She had accepted responsibility for caring for her child who had heart) trouble.

Until now Dowie had been in no trouble and he was prepared to accept that she was put in a difficult situation on the night. Clearly it was Kaye who instigated the washing of the clothing and she. as pan of the household. gave him the assistance that was required.

On this occasion she was a willing helper and because of that she had come veryclose to going to prison. But having regard to her past record and the family obligations she had undertaken.

land bearing in mind that she was under the influence of Kaye, he could accept Mr (Nation’s statement that she had learned her lesson. "It is not for me to tell you what sort of life you should lead in the future, that’s your own decision, but it is quite obvious that with your intelligence and character you will now have to seriously consider the fut-

ure for yourself and your child and your relationship with Kaye." his Honour said.