Northland Theft Case Collapses

Northern Advocate, 21 October 1938, Page 3

Northland Theft Case Collapses

[Spartal to "TTorznern A-dvocate”! AUCKLAND, This Day. In the Supreme Court yesterday, before Mr Justice Fair and a jury, a charge of stealing a mare and a foal, of a total value of £ls, was denied by Joseph Harold Doar, farmer, of Pupuke, Northland. .Mr V. R. Meredith, Crown Prosecutor, said that the mare had been given to a Maori, and had since had a foal. Both animals got away, and were found on accused’s farm. Accused now claimed the horses as his own.

Evidence was given by a number of settlers, including some Maoris, concerning the movements of the horses.

When the evidence for the Crown had been concluded, Mr Finlay, for accused, suggested that the case should not be allowed to proceed further. The question of ownership of the horses was a civil matter, and it would be unsafe for a jury to convict of theft. Mr Meredith agreed that he would not invite a jury to convict on a criminal charge on the evidence submitted. The Judge held that there was not sufficient evidence on which the jury might be asked to convict. He reviewed the evidence, and in stating that it was insufficient, said he did not wish to appear critical of the work of the police. They had very properly conducted an investigation. Any doubt concerning the ownership of the horses

could be settled by a civil action. His Honour requested the jury to bring in a verdict of acquittal. The jury returned a verdict of not guilty, without leaving the box. Accused was discharged.