FOUND INSANE

New Zealand Herald, Volume LXXIV, Issue 22726, 12 May 1937, Page 15

FOUND INSANE

CHARGE OE MURDER CASE OF YOUNG MAORI ' DETENTION ORDERED i RIDER BY THE JURY 'A verdict of acquittal on the ground of insanity was returned by the jury is the Supreme Court yesterday in the case of the Maori, Johnny Toka, aged 24, who was charged with murdering his father, Toko Whakaia, at Patumahoe, on the night of February 21. Mr. Justice. Fair presided. The Crown Prosecutor, Mr. V. R. Meredith, conducted the prosecution and Mr. B. F-Iwarth represented the accused. The murdered man was shot through the back from outside the house in which he lived. The case for the Crown was completed by the evidence of several farmers from the Patumahoe district, who said Toka had tried to borrow a gun from them to shoot a pig. H. S. Carter said he had lent him a gun and a cartridge. Toka seemed excited and in a hurry. No evidence was called for the de- // fence. Mr. Elwarth, whose address lasted only five minutes, said the jury would not have any great difficulty in coming to the conclusion that the accused's father was shot, and that the accused did it; but it was perfectly obvious that the accused could not be guilty of this offence of murder, because it was quite clear from the medical evidence that at the time he did it he was insane in the eyes of the law. If he was labouring under such mental disability that he did not know that what he ,was doing was wrong he was not guilty of the offence. His Honor's Direction His Honor said that to prove the charge of murder the Crown required to show, first, that the accused killed his father by an unlawful act, and that he intended to kill him, or that, knowing that what he was about to do would endanger his father's life, he did it recklessly, not caring whether it would'kill him or not. Very properly the evidence surrounding the unfortunate death of this old Maori had been presented to them in detail and *verv carefully by the Crown, and he thought that they would be satisfied that prima facie this was a case of murder. That the deceased was killed by the accused could hardly be contested. His Honor said he thought the jury would find that the accused intended to kill hi§ father, but if it had been proved that he was insane at the time of the commission of the crime that was a defence to the charge, and he was entitled to be acquitted. The accused relied on the Crown evidence to show that at the time he committed this act he was suffering from such mental disease or imbecility that he did not understand that it was wrong for him ;to commit this act. The medical Evidence went to show that the accused did not understand the nature and quality of the act. His incapacity to appreciate the wrongfulness of the act was due to natural imbecility or mental disease. Three expert witnesses agreed in that view. The Jury's Verdict After an absence of half an hour the jury brought in a verdict of not guilty on the ground of insanity. They added a rider stating that, in the interests of the general public, greater care shotild be exercised before the release of patients from mental instituHonor said he would see that the rider was'forwarded to the proper quarter. As a matter of fact, it was generallv known by those in touch with mental institutions that care in general was exercised. Ihe authorities vere pressed very often to release people whom they would be only too glad to release if they thought then ordered the accused to be kept in strict custody in the prison at Mount Eden until the pleasure of the Minister of Justice was known. No doubt in due course he would he removed to an institution, where his mental condition would have the treatment that was required. . The jury was discharged from lurther attendance for the remainder ot the week.