THE KAITAIA TRAGEDY

Otago Daily Times, Issue 21952, 13 May 1933, Page 14

THE KAITAIA TRAGEDY

TRIAL OF MAORI YOUTH VERDICT OF NOT GUILTY (Per United Press Association.) AUCKLAND, May 12. The five days’ trial of the Maori youth Riwi Manuel on a charge of murdering his employer, Hati Robson, at Pukepoto, near Kaitaia, on January 8, ended tonight with a verdict of not guilty. Mr Trimmer in addressing the jury earlier, sa.d: ‘‘That Robson died of a gunshot wound can scarcely be denied, but that Manuel fired the shot is emphatically contested.” Mr Meredith, for the Crown, said that the boy admitted that he intended to injure. The point was whether he knew that what he did was likely to cause death and whether he was reckless. Whether it did or not it was open to the jury to consider whether he did not know that death was /likely to result. In that ase the charge of murder would be reduced to manslaughter. Mr Justice Herdman said that there was culpable homicide amounting to murder if an offende meant to cause an injury likely to result in death and u he was reckless whether death followed or not. If a person used a gun to cause injury without such recklessness, and death resulted he would be guilty of manslaughter. The conduct of the police throughout the proceedings had been scrupulously fair. They were particularly careful to see that the lad made a statement free from influence. There could be no suggestion that any statement that the lad made was haunted by fear. The foundation of the case was the statement made by the boy, in which he said that he stood in the doorway of Hati Robson’s room and shot him. There were various circumstances that might lead them to consider that the boy s statement was indeed and, in fact, true. There was no evidence to implicate Thomas. The suggestion that he‘had anything to do with the case was founded upon the filmiest possible evidence—indeed, no evidence at all. “If you conclude that, without intending to kill, the accused fired at Robson and wounded him, it is your duty to briu" in a verdict of manslaughter, said his Honor. If they came to the conclusion that the boy’s statements were not to be relied upon, then, of course, the case for the Crown would fall to the around, but it was difficult to see how they could be rejected in the circumstances. , , , „„ The jury was absent four hours 2U minutes before it returned a verdict of not guilty.