HAWKE’S BAY MURDER TRIAL EVIDENCE

Grey River Argus, 3 May 1949, Page 5

HAWKE’S BAY MURDER TRIAL EVIDENCE

Alleged Shooting In Bedroom P.A. NAPIER, May 2. Experiments with a line allegedly us-cu in Kuun/; Paui rohio, aged 28, a Maori, or langoio, were conducted oy a ballistic* expert in the closing, stages or the nrst day of the liearin;, or a muraer charge against 'nem. Kanapiri, a 41-year-ola Maori labourer, aiso or Tangoio. Mr Justice cornisn is presiding. Mr L. W. Willis is appearing for the crown. Mr H. Vv. uowiing ror accused. Most of to-day was occupied .in hearing the evidence of accused’s daughter, in whose room the shooting is alleged to have occurred. “The tact that the accused fired the shot which death will not be contested. but the jury will have to decide whether it was murder, manslaughter or justifiable homicide,” said Mr Willis, in his opening address. Mr Willis described the discovery ol Pohio’s body at Ranapiri’s home, with a bullet wound in the head. He added that while the accussed and others had been to a party earlier in the evening, there was no evidence to indicate that any of the people involved were under the influence of liquor Arter the shooting, said 'Mr Willis, the accused’s actions and statements disproved any suggestion of accident. Te Mairuria Pohio, a market gardener, and the father of Paul Pohio, giving evidence, through an interpreter', said that he had never heard oi any ill will between the accused and his son. Mr Dowling: “Is it not a fact that your son was a very much bigger man than accused?” Witness: “No. In my opinion, they were about the same size,” Mr Dowling: “Did your sen have a reputation as a fighter?” Witness: “When he had some liquor he was inclined to be quarrelsome.” Mr Dowling: “Was he often under the infulence of liquor?” Witness: “Yes.” Mr Dowling: “Has your son been convicted for indecent assault?” Witness: “Yes.” Mr Dowling: “Was he not. frequently in trouble with other Maoris in the district?” Witness: "On two occasions I know of. he has been in trouble.” Witness said that accused was a aood man and had been a friend of his. PARTY AT HOUSE James Spooner, a pensioner, of Tangoio, said that on February 5 there was a party at his home. There were eight people present, including the accused and his wife and Paul Pohio. There were two dozen bottles of beer. Everybody had a share, and all the liquor was consumed. Pohio left the party at 11 u.m. without saying goodbye, and Ranapiri and his wife left about half an hour later. FAMILY OF TWELVE

Urena Maharanui Ranapiri, aged 15 years, said she was a daughter of the accused and until February 6 she lived at her parents’ home. She was the eldest of the 12 children in the family. Witness said her parents went to a party on the night of February 6 Witness said she went to bed about 8 o’clock. She And her two younger sisters, aged five and six years, occupied one double bed. Her 10-year-010 brother occupied a single bed in the same room. Witness went to sleep and was awakened by the presence of someone else' in the room. This persm was Paul Pohio. Witness admitted intimae.?/ with him. Later the door of the room opened, a light shone in, and her father came into the room continued witness. Pohio was sitting on the edge of the bed. Her father was carrying a rifle under his right arm, said witness. She identifed the rifle which was produced. '•LOOKED WILD” After coming into tiie room, her xauier stupa at Hie encl ox tiie bed, sain witness. “He looked wild,’’ sne suj<). “me was looking at Paul Pohio.” .xi.l.er resting tne barrel of the riiffi on the end ox tne bed, nei” lamer said ne Had halt a mind to’ shoot Pohio. one coula not remember Ponio replying. She then heard .the gun go oH. Pohio fell to the floor wounded ip the Head. Her lather then threw the rifle on the floor, and walked out 01 the room. Mr Dowling: “Was your father on friendly terms with Paul Pohio’.'”’ Witness: “No.” Mr Dowling: “Had they been working together?” Witness: “Yes.” Mr Dowling: “Did Pohio visit your home quite often’.''" Witness: “Yes.” Mr Dowling: “Had he been there just a few days before his death ?” Witness: “Yes.” FAIR INFERENCE 1 • - While Mr Dowling was cross-exam-ining xiie witness about what her father saw when he came into tne bedroom. His Honour commented that if counsel were leading up to the point that accused was very angn with what he saw in the room, he would support it. It would be a tan inference if the jury considered accused was very angry with what he S& Dr. George Edwin Waterworth, who examined accused on February 6 sajd he considered accused’s physical ano mental health was normal. There was a smell of stale alcohol about accused. DANGEROUS RIFLE Senior-Sergef.it Gregory Gerald Kelly, a ballistics expert, said the rifle produced in Court had been worn into a dangerous state, having a trigger release pull of only one and three-quarter pounds, whereas the minimum safety pull for this type of firearm was four pounds. It could be discharged by a sharp blow on the butt, or by dropping the barrel on to a solid object. The adjournment was then taken.