MURDER TRIAL

Evening Post, Volume CXXIII, Issue 111, 12 May 1937, Page 6

MURDER TRIAL

MAORI FOUND NOT

GUILTY

EVIDENCE OF INSANITY

(By Telegraph—Press Association.) AUCKLAND, May 11. A verdict of not guilty on the ground that the accused was insane at the ■ time the crime was committed was returned by the jury in the Supreme ' Court today in the case in which I Johnny Toka, a Maori, aged 24, was ' charged with the murder of his father ! lat Patumahoe. The father was shot 1 while the family were seated round a I ' fire in a whare on the night of Feb--1 ruary 21. ; . Today five neighbours gave evidence ■ concerning Toka's efforts to' borrow a': i gun. ..'..... . The Crown . Prosecutor,, Mr., V. R. ' Meredith, intimated that he. had no 1 desire to address the jury. ' ■■~.■ • Defending counsel. Mr. Elwarth, said : the jury would no doubt come to the i conclusion that the accused Jiad shot ', his father, but he submitted it was 1 perfectly obvious that Toka could not be found guilty of' murder because it was clear from the medical evidence that at the time he was insane in the eyes of the law. : Mr. Justice Fair said it was desirable ; in cases like the present that the: facts i should be fully investigated in the . light of a public inquiry. He thought the jury would be satisfied that it was a case of murder. The defence had j been raised' that the accused was insane at :the time he committed -the crime; if that was proved'then it entitled him to be acquitted on the ground of insanity. His Honour said ihe saw ho reason why the- medical evidence should not be accepted. After a retirement of half'an hour the: jury .returned a verdict of not guilty on the ground that the accused was insane at the time the :crime was committed. The jury added the following rider: ."That in the- interests of the general public greater care should be exercised' before'the release of patients from mental'institutions." : The Judge said'he would see that \ the rider was forwarded to the proper 'quarter. >He added thai : the authorities ;did exercise care before patients were released. Pressure was very often to bear upon them to release people Whom they would be only too glad to release if it' was compatible ;with public safety." , ■ .