THE AVES CASE

Evening Post, Volume CXXIII, Issue 28, 3 February 1937, Page 13

THE AYES CASE

THIRD TRIAL STARTS

HASTINGS DISCOVERIES

Charged, as a result of the discovery of fetal remains at Hastings,' Mrs. Isabel Annie Ayes, alias Craike, is now standing her third trial on seven counts of allegedly using an instrument. The hearing opened in a cleared 'Supreme Court today before the Chief Justice (Sir Michael Myers). The offences Tvere alleged to have occurred between May, 1935, and June, 1936.

Mr. H. B. Lusk, the Napier Crown Prosecutor, is appearing for the Crown, and Mr. C. G. E. Harker, of Waipawa, for the accused.

At the first trial at Napier in August last year the jury failed to agree after a retirement of the full four hours, and a retrial became necessary. Subsequently, on the application of the Crown, a change of venue to Wellington was ordered by Mr. Justice.Blair, who presided over the second trial in October.- The October hearing lasted three days, but the jury again failed to reach a verdict.

At the second trial the jury were kept together for the duration of the trial, but today no such order was made..

When the jury was empanelled Mr. Lusk asked that the court be cleared and that the names of non-State witnesses, other than doctors, be suppressed.

"There are two ways of looking at it," replied his Honour. "What I propose to do is this: the order for the court to be cleared is made. As to the further power conferred' by Section 432, of forbidding a report of the proceedings, I am not prepared to make an order forbidding publication. That is a matter which can safely be left, I think, to the discretion and good taste of the Press. It may be .desirable in the interests of justice that there should be some report. I don't mean to say that all details should be given.

"I shall not make an order, but I suggest to the Press that it would be better not to publish the names of persons directly concerned —the women concerned. .. . The Press, in my experience, 'do consider the public interest and also endeavour to do what is in good taste in these matters."

Evidence for the Crown is proceeding.