Charge dismissed
PA Auckland The refusal of two witnesses to give evidence in a High Court trial on Monday left the prosecution with “No real evidence ... only suspicion” against an Auckland promoter accused of importing drugs. Mr Justice Sinclair discharged the accused, Harry Graham AinscOugh, aged 32, at the end of the Crown case.
The court had a duty to ensure that there was proper evidence on which a jury
could convict, his Honour said. However, because of the failure of two Crown witnesses to testify, there was no real evidence given, only suspicion. Ainscough denied that, with Allan Middlehurst, he imported 3400 cannabis sticks, valued at $50,000, in 1977. Middlehurst. who is already serving a prison
term, was one of the witnesses who refused to give evidence.
The other, Joy Kapua Bennett, was jailed for seven days when she refused to take the oath or affirmation and testify. At an earlier trial of Ainscough, on the same charge, Miss Bennett failed to arrive at court to give evidence and a warrant was issued for her arrest after the court was told she had gone into hiding.
That trial was abandoned and the fresh hearing ordered.
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Press, 13 May 1981, Page 2
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196Charge dismissed Press, 13 May 1981, Page 2
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