Lower Court Hearing of Murder Charge

Northland Age, Volume XVII, Issue 14, 18 November 1947, Page 2

Lower Court Hearing of Murder Charge

Youth Committed for Trial Appearing before Mr. W. Carroll Harley, S.M., at the Kaitaia courthouse on Friday, Frederick Brass, a labourer aged 17 years, was charged with the murder of Moana Maaka, a three year old Maori girl, at Ahipara Hill on September 29th. Brass, who was represented by Mr. G. A. Nicholls, was not asked to plead and was committed for trial. First witness to be called by the Crown Prosecutor, Mr. G. D. Speight, was Dr. W. Gilmour, pathologist of Auckland, who stated that in his opinion death was due to drowning. Evidence of the movements Of the accused on-September 29th was given by his father, Mr. Dave Brass, and other persons who had come into contact with him during the day. Detective-Sergeant J. S. Findlay of Whangarei and Constable G. F. Molloy of Kaitaia, who conducted investigations at Ahipara on the morning after the body was found, gave evidence relatng to their interview with accused which subsequently led to his arrest. Constable Molloy was giving evidence of Detective-Sergeant Findlay’s conversation with accused when Mr. Nicholls lodged an objection to the admission of evidence relating to statements made by Brass. Mr. Nicholls stated that he did so on the grounds that accused did not fully comprehend questions put him, and referred to the opinions of Dr. G. B. Palmer, Medical Superintendent of the Auckland Mental Hospital, and Dr. Buchanan. In evidence Dr. Palmer stated that he had examined the accused on two occasions and that he was of the opinion that Brass was bordering on imbecility. He said that Brass had related the story of incidents leading up to his arrest, and that it was similar to the facts given in police evidence. However, witness stated that he was not prepared to give his opinion as to whether the statements the accused made related to his own' actions or to that which he had heard. Doctors Palmer and Buchanan agreed that any words Brass proffered in reply to questions could not be regarded as statements. With regard to Mr. Nicholl’s objection, the magistrate ruled that the decision as to the weight which could be placed upon statements made by the accused was the responsibility of a jury. A further objection was lodged by Mr. Nicholls to evidence given by De-tective-Sergeant Findlay regarding statements made by the accused, but was overruled. In submitting that there was no evidence of there having been a murder, or if there was that Brass was implicated in any way, Mr. Nicholls said that a jury would have no evidence to consider and that the fa*fc* revealed that it was an almost certain case of accidental drowning. Mr. Harley, htfwever, decided to send the case on for trial. The inquest, which was continued at the same time before District Coroner, Mr. L. A. Mclntosh, was again adjourned.