RIOTERS’ APPEAL

Greymouth Evening Star, 9 July 1932, Page 2

RIOTERS’ APPEAL

ONE STORY ACCEPTED. [per press association.] WELLINGTON, July 8. Legal argument in the appeals of Thomas Thomson and Mervyn George Berry, who were sentenced recently in connection with a riot in Wellington, was heard by Mr Justice Blair, in the Supreme Court to-day. Counsel foi’ the Crown maintained that, in the case of. Thomson, there was no reasonable explanation of the presence of a stone in his pocket. His explanation that he got the nuts and bolts found on him from a wheelbarrow was not credible., Counsel also maintained that Thomson’s conduct was consistent with guilt. His Honor said that it was for the Crown to prove a felonious intent, and not for the accused to give explanation. The accused’s explanation about the nuts and bolts with reference to a wheelbarrow seemed not unreasonable, and it certainly raised sufficient doubt to destroy any sinister inference to be drawn from the possession of nuts and bolts. There remained, however, the question of the possession of a stone for which no explanation had been given. Legal argument was then heard as to whether a bare stone in a man’s pocket could be construed as an offensive weapon, under the section of the Act under which the appellant was convicted. In the case of Mervyn George Berry, the alleged offensive weapon was a stone tied up in a handkerchief, which said His Honor, came under a different category from a loose stone. Legal argument on this point was also heard. His Honor upheld the appeal of Thomas Thomson, who had been sentenced for having in his possession offensive weapons in the form of bolts, nuts and a stone. His Honor stated that Thomson’s story that he had obtained the bolts and nuts to build a wheelbarrow was a reasonable one, and there was sufficient doubt that he had the stone in his possession with a felonious intent, to justify his acquittal. Decision was reserved in the case of Mervyn George Berry, who had been sentenced for having in his possession a stone tied in the corner of a handkerchief.