MANSLAUGHTER VERDICT

Evening Star, Issue 23324, 21 July 1939, Page 16

MANSLAUGHTER VERDICT

THE PAKI TRIAL REMAND FOR SENTENCE [Per United Press Association.) AUCKLAND, July 20. The trial of a Maori labourer, William Pera Paki, aged 26, on a series of charges arising out of happenings at Okaihau on Juno 16, was completed before Mr Justice Fair and a jury in the Supreme Court to-day. The charges were of attempting to murder his four-year-old son, William George James Paki, doing him actual bodily harm, and recklessly driving a motor car so as to injure him; of the manslaughter of Mrs Annie Evelyn Marsh, and recklessly driving so as to cause her death; and, finally, of attempting suicide. The accused admitted the last charge, but pleaded not guilty to all the others. The evidence for the prosecution showed that shortly after noon on Juno 16, after a "quarrel with his wife, the accused got into a highpowered motor car with his little boy and drove furiously several times up and down the road through Okaihau. The car which the accused was driving smashed into a small car in which were Mrs Marsh and her little girl, and Mrs Marsh received head injuries from which she died. The Crown alleged that Paki, after stopping his car, attempted to kill his little boy. He admitted that he later cut his own throat with a razor.

After the evidence for the Crown finished Mr V. R. Meredith, Crown Prosecutor, did -not address the jury. Answering the charge of attempted murder, Mr W. Noble, for the accused, said that many witnesses had testified that Paki was_ very fond of his child. The whole thing arose from a dispute between him and his wife, and the probabilities _ were that there was no intention in his mind to do the little bay any injury. No one would suggest that Paki drove into the other car -deliberately, and counsel suggested that the jury should find him guilty of negligent driving. His Honour invited the jury to consider first the charge of manslaughter, and said it was not necessary for the Crown to ; prove deliberate intention. Jt had to satisfy the’'jury that Mrs Marsh’s death was due to an unlawful act of the accused—namely, -driving at an excessive speed dangerous to other users of the highway. He had no doubt that they would find that the evidence established dangerous driving and' a really gross breach of the law in this respect. , If they were satisfied, His Honour said, that the accused did some acts to his boy recklessly and knowing that they were likely to cause his death, then he was guilty of attempted murder. If they did not find him guilty of attempted murder or of doing the boy actual bodily harm, it seemed that they were almost bound to convict him on the third charge of recklessly driving so as to injure him. The jury found the accused not guilty of the attempted murder of Ids son, but guilty of recklessly driving so as to injure him. They found him guilty also of the manslaughter of Mrs Marsh and of recklessly driving so as to cause her death. The accused was remanded for sentence.