TWENTY YEARS’ SENTENCE.

Horowhenua Chronicle, 6 August 1927, Page 8

TWENTY YEARS’ SENTENCE.

DEVA KALA GUILTY OF MAN-

SLAUGHTER.

KILLING NOT JUSTIFIED

The re-trial at Palmerston North yesterday of Deva Kala, the Indian charged with the murder of Wm. John Barrett, a barman, at Pahiatua on June 4, resulted in the jury returning a verdict of manslaughter. His Honour, Mr Justice Eeed, commented upon the leniency shown and stated that the facts, to him, pointed more to murder. As a warning to other Indians in New Zealand, he imposed the exemplary sentence of 20 years’ hard labour. It would be a shocking state of affairs, he added, if it went forth that a man was-justified in /lling .another person because he called him names. The evidence was on the same lines as at the first trial.

QUESTION OF CHANCE CLOW. Dr. Dawson, after describing the nature of deceased’s injuries, added that Kala admitted to him that he had done the killing and would explain matters if witness Avould come outside. To Mr McLiver: The wound was the result of a well-directed blow and neatlv done. Them had been only one cut and had the blow been aimed a little higher it would have struck the skull; a little lower it would have involved the coat and collar. From a medical point of view the blow was well directed.

Mr McLiver: Would a chance blow have caused such a wound?

Witness: Yes. His Honour: An accidental blow? Witness: Accidental'? No; 1 would not say that.

Mr McLiver: I asked you the question at the first trial and you said a chance blow would cause the wound.

Dr. Dawson: That depends on what you mean by a chance blow. Accused again gave evidence "re-iter-ating that had abused him, calling him “a black b ” and “a woolly coolie.” He continued: “I got angry. Things went black and I said ‘Shut-up,’ at the same time swinging the chopper in his direction. I didn’t know I was going to hit out. I then saw the blood on the chopper and looking back saw a gash in Barrett’s neck. I got a big shock and couldn’t move for a while. ” THE UNTOUCHABLE.

Mr McLiver: What is a coolie? Accused: The untouchable lowest caste.

To Mi Cooke: Barrett had never used bad language to him before. His real reason for giving notice to leave was because he didn't like working in small hotels.

At this stage, at the request of Mr Cooke, accused demonstrated to the jury how he had swung the chopper. Mr Cooke: Why did you leave the kitchen after cutting Barrett? Accused. I got a shock. Mr Cooke: Did Barrett turn his head when he hurled the epithets at you? Accused: I was not looking. I was busy with the bread. This concluded the defence, the counsel proceeded to address the jury. His Honour confined his remarks largely to a direction on points of law. TWENTY YEARS’ IMPRISONMENT.

The jury retired at G. 15 p.m, and returned at 8.10 p.m. with a verdict of manslaughter. Mr. McLiver pleaded for leniency, stressing the jury’s verdict. The charge of murder, he contended, would never have been reduced unless the jury thought Kala had acted under a provocation which would deprive an ordinary person of his self-control. The jury’s opinion evidently was that subjected to the same provocation, any other person would have acted as prisoner had done. Mr. McLiver also stressed Kala’s previous unblemished character. His employers had spoken well of him. He had a wife and two children in India and counsel said he would appeal on their behalf as well. Mr. McLiver suggested that a term of 7 years’ imprisonment would be sufficient punishment—a sentence that had been imposed in an almost similar case at Auckland.

“ The jury has taken a very lenient view of this case,” stated His Honour, who considered the facts pointed to murder. However, the jury hkd'reduced the charge to manslaughter. His Honour said he was unable to agree that a man was justified in using a lethal instrument because he was called names as prisoner had been. If it went forth that a man was justified in killing another person because of things of that sort, it would be a shocking state of affairs. Furthermore, he could not lose sight of the fact that Kala was an Indian and tlu*i there were others of his countrymen in New Zealand. His Honour said he knew something of Indian affairs in Fiji where a large number of murders —often upon wives—had occurred. It was necessary for him to take that into consideration and as a warning to other Indians in this coun. try, impose an exemplary sentence. Prisoner would be sentenced to twenty years’ hard labour.