NO BILL

Evening Star, Issue 21945, 4 February 1935, Page 8

NO BILL

CHARGE OF “ DEMANDING WITH MENACES M QUASHED SOME COLOUR OF RIGHT [Per United Press Association.] WELLINGTON, February 4. Acting on the suggestion of Mr Justice Smith, the grand jury in the Supreme Court to-day returned no bill in the case of Hubert Reginald Heath, charged with demanding £IOO with menaces from a woman in London, with the intention of stealing it. In the lower court it was shown that Heath admitted wx-iting letters to the woman, but maintained throughout that the woman, with whom he had lived, had promised him £IOO if he left her in London and returned to New Zealand. He threatened to reveal the facts of their former life if she did not keep her promise. The woman made a statement to the police in London, but had not retux-ned to New Zealand.

Counsel for Heath objected in the Supreme Court to certain secondary evidence being admitted, and the judge upheld the contention, pointing out that the essential element of the case was the intention to steal, and unless the woman herself was produced to deny the alleged promise. Heath was not demanding moijey with the intention to steal.

“ It seems futile to have the expense of a trial when the man has at least a colour of right, and where there is a colour of right there is no theft,” the judge added..