Maori Brawl Leads to Charges of Manslaughter

Northern Advocate, 24 February 1940, Page 8

Maori Brawl Leads to Charges of Manslaughter

Believing that there was no probability of a conviction against two Maoris charged with manslaughter at the Houhora Court on Thursday, Messrs. J. T. B. Taaffe and' A. H. Watt, J.P.’s, dismissed the charges. Robin Ngamua and Mokohorea Ngamua were each charged that on February 10 at Houhora, “he did unlawfully kill Mane Norman and did thereby commit manslaughter.” The charges were taken, together. Detective J. B. Finlay prosecuting and Mr J. B. Reynolds appearing for both accused. Consistent With Kick in Head. Medical evidence was given by Dr. J. 11. Rule that Norman died on February 11 from a compression of the brain arising from a fracture of the skull and injuries to the brain which, had been caused by violence. The injuries were consistent with Norman having been kicked on the head. In evidence, six Natives described how a truckload and carload of men had spent most of the afternoon drinking until, at about 3 p.m., they left for Ngataki. About a mile from Houhora the truck had run into the back of the car. There was a dispute between the drivers, Henry Norman and Willie Ngamua, and within a few minutes a general fight had started, ten men, including the deceased and both accused, participating. Allegations by Accused. Two of those who did not take an active part and who were said to be sober, Arthur Subritzky and Titi Norman, each deposed that he had seen both accused kick deceased on the head during the fight. Statements made by both accused were submitted by Constable Bawler and Detective Finlay. Robin Ngamua said in his statement that he had seen one of the other Maoris, Hill Mark, kick deceased in the ribs, while Moko Ngamua stated that he had seen another Native, Miru Mark, kick deceased on the head. He also alleged that on the evening after the fight he had heard Miru Mark say in Maori: "I killed him. Good job.” After an adjournment the Justices dismissed the charges, stating that there would be no probability of a conviction against the two men. Impossible to Determine. Norman’s death had been the unfortunate result of a drunken fracas, and it was impossible for them to determine which person had caused the injuries to Norman, while it would be equally impossible for any jury to determine whether the accused or other Natives had inflicted the injuries causing death. The Court expressed the opinion that it had been a nasty brawl, and that all concerned in it could be dealt with adequately in the Lower Court. Mr Watt, who also sat as Coroner, returned a verdict that death was due to injuries received in a drunken brawl, the evidence not establishing who had inflicted the injuries. Mr Reynolds commented on the fair manner in which the police had presented the case, the Bench endorsing the remarks.