Juvenile Evidence: Weak Case Fails

NZ Truth, Issue 1029, 15 August 1925, Page 5

Juvenile Evidence: Weak Case Fails

In these days when offences against children have become painfully frequent, the importance of evidence of juveniles is ■.obvious. The nature of these offences is such that they are usually committed m secrecy, and when an alleged offender appears before his countrymen, it usually happens that there is the evidence of the child only, with more or less circumstantial corroboration. .

The basic principle of British jus-tice-is that the Crown must prove its allegation beyond reasonable doubt. That the Crown had failed to do so was evidently the opinion of the jury that tried Bertie Wallbank 'on a charge of indecently assaulting a girl aged 11 years, which charge came before Judge Hei'dman at Auckland. Mr. "V. R. Meredith prosecuted, and Mr. R. A. Singer took charge of the case, for the accused, who pleaded not guilty.

The story was a remarkable one m many ways. The -girl, a nice-looking child, tall for her age, was much distressed when giving her evidence. She said that her mother was a widow, and at the time of the offence was keeping house for the accused. The girl said Wallbank had always been

very nice to her, and once or twice had taken her on his knee and kissed her. At the time of the actual committal of -the offence, the girl was alone m the kitchen with the accused. Her . mother and another woman and her daughter were m the vicinity at the time. The accused did not do actual injury to the girl during the alleged indecent assault. She' said she did not call out, bufat first struggled, and she did ,not tell anyone about it till about six months afterwards. In cross-examination' the witness described m detail what had taken place, but could not remember anything about the date on which the alleged assault took place. She had not said anything to. her young friend or anyone else, because she was ashamed and afraid.

The mother of the girl stated that she had been m the employ of the accused, and m crossrexamination said she had always found accused a nice enough man. . '

. Mr. Singer addressed the jury on the principal features of the case/ emphasising the expiry of six months between the committal of the alleged offence and the reporting of it, the

lack of corroboration of the evidence of the girl, and her defective memory regarding the date. There was, too, the grave danger to society which would z-esult from accepting such testimony. He" dealt with the psychology of the child, and contended that m view of the serious consequences involved m the charge the jury could hardly convict on the girl's story alone.

His Honor addressed the jury shortly on somewhat similar lines, but remarked that if the jury was satisfied, having seen the girl, that she was a witness of truth, they would' be bound to convict.

The jury, after a short retirement, returned a verdict of not guilty, and accused was ' discharged.

Flirtation, Optication, Palpitation, Ringification. Disapprobation, Vituperation, Litigation, Indemnifieatiqn !