NAPIER PRISONER

Evening Post, Volume CXI, Issue 72, 26 March 1931, Page 15

NAPIER PRISONER

CONDUCT REWARDED

COUNSEL'S STRONG PLEA

"This man was in the Napier police station when tho earthquake occurred, and he conducted himself in a way, which, I think, affords grounds for a strong plea for mercy," stated Mr. W. H. Cunningham of Mervyn Valdnmr Berggren, who appeared in the Supreme Court to-day for sentence on eight charges of breaking, entering, and theft. Counsel said that the prisoner was a young man, 23 years of age, and came 'of respectable parents. His criminal record started when he was a lad, and his deliberate choice of a criminal career had been a matter of great distress to his family. Tho offences wore such as would be committed by a lad who was looking for adventure, oven if that adventure- were- of a criminal nature. He was in custody at Napier when tho earthquake occurred, and, with the other prisoners, was liberated on parole .for his safety, and also with tho hope that he might, be of some assistance. After being liberated, tho prisoner went to Dr. Moore's private hospital, which was then toppling. His Honour (Mr. Justice MacGrcgor): "la it necessary to go into this at enormous length? It is stated by the Probation Officer that he rendered splendid service at Napier." Mr. Cunningham: "I would like your Honour to know what lie did do." His Honour:. "Do you think that it would nlTect the sentence?" Counsel: "I think so." He said that the prisoner climbed a pipe and was instrumental in rescuing a patient from the hospital, after which ho rescued a woman from a collapsed wooden building. He then went to the hospital and rescued a small child, and while he was there tho roof collapsed. Tho child was unhurt. After the first day, the prisoner was on parole for ( n. month. He acted as a cook at one of the camps, and conducted himself in an exemplary manner. A BAD RECORD. There was a strong feeling in Napier, said counsel, that the prisoner, by his conduct, had earned another chance. Counsel said that he know the- prisoner's record was bad, and ho was up on several serious charges. He know that pardon was tho Eoyal prerogative, but our criminal law had entrusted Judges with powers which were almost as great as the Eoyal prerogative. Tho prisoner had risked his life to -save people during tho earthquake, ■and counsel would ask his Honour to weigh tho good he had done, and, if possible, enable him to make a fresh start. His Honour remarked that the Probation Officer's' report did not recommend probation. He would take the circumstances into consideration and inflict, a considerably less sentence than ho might have done. He imposed a sontence of twelve months' imprisonment on eaclt charge, tho sentences to be concurrent.