UNSAFE TO CONVICT

Dominion, Volume 26, Issue 32, 1 November 1932, Page 11

UNSAFE TO CONVICT

Murder Charge Against Maori Boy

“NOT GUILTY” VERDICT

By Telegraph—Press Association.

Auckland, Oct. 31. A verdict of not guilty was returned in the Supreme Court in the re-trial of the Maori boy Heta Fred Gardner, aged 16, who was charged with inurdering an old-age pensioner, George Crewe, at Ruataugata, near Wbaugarei, on or about May 27. At the first trial during the August sessions of the Supreme Court, the jury disagreed. The case had subsequently been before the Court of Appeal, and certain passages of a statement made to the police by accused were held to bo inadmissible. In opening the case for the Crown, Mr. Hubble said the facts relating to the mentality of Gardner were somewhat remarkable. While doctors had not declared accused to be insane, it was agreed that he was not exactly normal, and his state might be described as “feeble-minded.” Crewe was about 73 or 74 years of age, Mr. Hubble continued, and he lived alone in a whare. He was last seen alive on Thursday, May 26, but he was not seen about on the following day. On May 27, before anyone knew that Crewe was dead, accused had gone to Whangarei., The police were making inquiries regarding some thefts, and accused made a statement which placed his movements in the Titoki and Kirikopuni districts within reasonable distance of Ruatangata, it was suggested by the Crown. No evidence was called by the defence.

For accused, Mr Trimmer contended that the Crown had failed in its purpose to establish conclusively a charge against accused.

~ His Honour said the Crown had proved circumstances showing an opportunity to commit murder, but proof of the actual charge had to be beyond reasonable doubt. There was nothing whatever to connect accused definitely with the death of Crewe. His Honour said it seemed to him that it would be unsafe for the jury on the evidence presented to find -accused guilty of the death of Crewe. After a retirement of 20 minutes, the jury returned a verdict of not guilty. Gardner was discharged. ,