FISHERMAN GUILTY

Gisborne Herald, Volume LXVII, Issue 20185, 1 March 1940, Page 2

FISHERMAN GUILTY

SERIOUS CHARGE HEARD INCIDENTS IN VAN SUPREME .COURT TRIAL On a charge of indecently assaulting „ a male on January 6, 1940, Guiseppe Cincotta, alias Joseph Cincotta, aged 56, a fish merchant, appeared for trial before Mr. Justice . Callan in the Supreme Court yesterday afternoon and to-day. Mr. L. T. Burnard, and with him Mr. D. W. lies, appeared for Cincotta. The following jury was empanelled: Daniel R. McKeague, foreman, Robert Mitchell, A, Stewart McColl, George Coker, John J. Hartley, John E. Sargisson, Alan J. C. Webster, Charles R. Pollock, John H. Wallace, Lewis l Rhodes, Ronald G. Johnstone, and } Walter George Richardson. Outlining the evidence, the Crown Prosecutor, Mr. F W. Nolan, said that it was short and direct. An fl-year- ■ old boy accepted a ride in the motor . truck driven by the accused. The incidents relating to tjie charge against ■ the accused were alleged to have oc- • curred in the van at the Kaiti Beach. ■ Those happenings were put an end to 3 by a constable, off duty, who ap- ■ proaehed the van with the intention . of purchasing some bait for fishing. , The accused was arrested and taken ; to the police station. The boy gave evidence of what hap- ; pened while he was in Cincotta’s , motor van. Constable R. K. Marie)’’ described ■ what he found in the van. ' No evidence was called for the defence, and the Crown Prosecutor did not address the jury. Unusual Features Claimed Mr. Burnard, in his address, said that there were some unusual features in the case. The first was that, the alleged offences were said to have been committed in public places and with opportunity of observation. It was also strange that the boy, who was said to be unwilling, did not withdraw from the presence of the accused after the first alleged offence, and also that the boy should so freely consent at the finish. The boy had been known to the accused for four years, having been together often, and nothing of the sort had occurred before. The other unusual feature was that a police constable should come on the scene. His Honour, in summing up, referred to the circumstances Mr. Burnard had mentioned a s unusual, and pointed out that the van was wholly covered in. It would appear that things could take place in the van without being noticed from outside, although there was a risk of people coming up to the van. Persons with such evil intentions must take a certain amount of risk, and frequently took a great deal of risk. His Honour added that there sholjld be no reason why the jury should not accept the constable’s evidence regarding the offence. The jury retired at 11.26 a.m., and returned at 11.56 a.m. with a verdict of guilty. ' The accused was remanded for sentence until 9.45 ii.m. on Monday.