MAORI CHARGED WITH MURDER OF FATHER

Northern Advocate, 10 May 1937, Page 4

MAORI CHARGED WITH MURDER OF FATHER

I Special to “Northern Advocate*} AUCKLAND, This: Day; In a clear voice, Johnny Toka, a Maori labourer, aged 24, charged with the murder of his father at Patumahoe on February 21, pleaded not guilty, ' when charged in the Supreme Court this morning. A few seconds afterwards -Toka repeated: : ‘T plead '-'not ■guilty.” ‘' The charge is ah outcome of the shooting of an elderly Maori, Toka Whakaia, as he sat around the fireside with his family. A shot was fired through the wall of his whare. The case is being heard before Mr Justice Fair. v Mr V. R. Meredith, Crown Prosecutor, is conducting the case for the Crown, and Mr Elwarth is representing accused. “I can tell ydu at - the outset that the facts are simple, and I dp not anticipate any“ dispute about ,Jhem. The real matter you will have to v consider, subject to correction front the learned Judge, is the responsibility of the accused- for 'his actions, taking into consideration his mental stability,”'said Mr Meredith. The Crown Prosecutor ‘ explained that the accused had been an inmate of the Tokanui Mental Hospital from May, 1935, to February, 1936, and had been released for practically a year.

Mr Meredith explained how the old man was shot through the wall, and how the accused immediately afterwards came into the whare with the gun in his hand.. His mother tobk. it from him. Then Toka attacked his sister and struck her with a kettle. Ke then took the kettle and struck his father, who was lying on the floor. Dealing with the question of the accused’s responsibility for his act Mr Meredith said that Under the Crimes Act, a person was held to be sane i at the time of committing an act until the contrary proved.

The accused had been examiend by alienists after the shooting, and on various occasions since.’ Seven wit nesses were called by the Crown this morning. One admitted in cross-ex-amination by Mr Elwarth, that her mother had been an inmate of a mental hospital 20 years ago, again last year, and'this year. ■ . ..(Proceeding).