THE PIHA CASE

Manawatu Standard, Volume LIX, Issue 146, 23 May 1939, Page 5

THE PIHA CASE

CROWN’S RECONSTRUCTION. JURY VISITS SCENES. Per Press Association. AUCKLAND, May 22. Continuing after the luncheon . adjournment to-day in the trial of the two Australians, Gordon Robert McKay, aged 43, alias Tom Bowlands, wool and hide dealer, and James Arthur Talbot, aged 38, labourer, on charges on which they were committed for trial by the Lower Court. Air V. R. Meredith, for the Crown, described the arrest of McKay, and then told of tests made by the Government Analyst with ashes and other debris from the Piha fire.

He said that Dr. Gilmour, pathologist, would give evidence about bones found in the fife and his conclusion that tho whole body had been burned Dr. Gilmour also made the significant discovery that some partlyburned cotton wool was still adhering to the palate of the skull, indicating that what had been burnt in the fire was a dead body', which bad been laid out for burial.

Briefly outlining the charges—that, on or about February 12, they wilfullyset fire to a dwelling-house, thereby committing arson; and that, on or about February 10, they’ interfered with a dead human body'; and conspiring by' deceit to defraud the Mutual Life and Citizens Insurance Company, Limited, Sydney, of £25,500 by representing that McKay was dead —Mr Meredith said there was tho fact that Ale Kay was heavily insured. The premium was duo on February 1 and tbe policy lapsed unless a substantial sum of money 1 was paid by March 1. ALLEGED AIOVEAIENTS. “These two men come to New Zealand,” continued Mr Alercdith. “They hire a car and they go to Piha and to Avondale, where they hire a garage in a side street, near Waikumetc Cemetery. McKay makes inquiries lioin young Shine about the condition of his father’s teeth. TJm body is exhumed at night. The following afternoon they hire a garage. You have evidence that they ask the owner of the garage if it will mako any difference what time they come in. They say they' may be late. ‘‘After they leave the garage there is no car and there are no bundles in the garage, but a shovel and sack pro left behind. It is definitely established that the clay found in the garage was similar to the clay which came from Shine’s grave. “Then, after leaving tho garage, they appear at Piha, where they arc seen by residents that night. "We have a fire, and from the time of that fire McKay disappears and is not seen till he is found by the police wearing a beard, lie then says ho is ‘Tom Bow--1 mids. ’ He has to ho identified by someone from Australia. HIRING OF GARAGE. “Some of the main acts have been done by AlcKay' and some by Talbot. Why is the garage hired? To drop something in, it will he alleged.” It was quite clear, said Air ATcredith, that a dead body had been burned on that bed at Piha. Once the jury had come to tho conclusion that the two accused removed tho body from its grave, the question was, what were they going tG do with it? Tt must be destroyed or something done with it. A person did not take a corpse out to Piha to recuperato with, after having his teeth out. Shine’s body was destroyed that night in the burning of the house at Piha, Mr Meredith contended. It had to bo destroyed.

The next question was, could there be any' motive in this case? The motive might bo found in the huge insurance policy which was going to be payable to someone on McKay’s death. What object could there bo in exhuming a body', committing arson and destroying tho body and then cabling immediately to Sydney information about a man’s death? There must bo an object of gain to someone. ALLEGED CONSPIRACY. Referring to the conspiracy charge, Air Alercdith said that perhaps the intention to carry out the acts had been formulated in New South Wales, but a conspiracy was the acting in concert or combination of two people to do something unlawful, and, so long as that combination existed, so also did the conspiracy exist. Mr AY. Noble, whose is defending AlcKay, rose to say that lie disagreed with tho prosecutor’s interpretation of conspiracy. His Honour said Air Aleredith was making submissions, and, if his submissions turned out to be incorrect, Air Noble would have an opportunity to draw attention to that fact. Afr Meredith closed bis address at 2.50 p.m., when His Honour announced that it bad been deemed advisable for the jury to visit the garage at Avondale, the bacli at Piha anil the Waikumete Cemetery. That would bo done that afternoon. The trial yvas then adjourned till 10 a.m. to-morrow.