MAORI'S OFFENCES

Otago Daily Times, Issue 23866, 21 July 1939, Page 6

MAORI'S OFFENCES

SEQUEL TO CAR SENSATION GUILTY OF MANSLAUGHTER RESPONSIBLE FOR SON’S INJURIES (Per United Press Association) AUCKLAND, July 20. The trial of a Maori labourer, William Pera Paki, aged 26, on a series of charges arising out of happenings at Okaihau on June 16, was completed before Mr Justice Fair and a jury in the Supreme Court today. The charges were of attempting to murder his four-year-old son, William George James Paki, doing him actual bodily harm, and recklessly driving a motor car so as to injure him, of the manslaughter of Mrs Annie Evelyn Marsh and recklessly driving so as to cause her death, and, finally, of attempting suicide. The accused admitted the last charge but pleaded not guilty to all the others. The evidence for the prosecutionshowed that shortly after noon on June 16, after a quarrel with his wife, the accused got into a highpowered motor car with his little boy and drove furiously several times up and down the road through Okaihau. The car which the accused was driving smashed into a small car in which were Mrs Marsh and her little girl, and Mrs Marsh received head injuries from which she died. The Crown alleged that Paid, after stopping his car, attempted to kill his little boy. He admitted that he later cut his own throat with a razor. After the evidence for the Crown finished, Mr V. R. Meredith, Crown Prosecutor, did not address the jury. Address by Counsel Answering the charge of attempted murder, Mr W. Noble, for the accused, said that many witnesses had testified that Paki was very fond of his child. The whole thing arose from a dispute between him and his wife and the probabilities were that there was no intention in his mind to do the little boy any injury. No one would suggest that Paki drove into the other car deliberately, and counsel suggested that the jury should find him guilty of negligent driving. His Honor invited the jury to consider the first charge of manslaugter, and said it was not necessary for the Crown to prove deliberate intention. It had to satisfy the jury that Mrs Marsh’s death was due to an unlawful act of the accused, namely, driving at an excessive speed dangerous to other users of the highway. He had no doubt that they would find that the evidence established dangerous driving and a really gross breach of the law in this respect. If they were satisfied, his Honor said, that the accused did some acts to his boy recklessly and knowing that they were likely to cause his death, then he was guilty of attempted murder. If they did not find him guilty of attempted murder or of doing the boy actual bodily harm, it seemed that they were almost bound to convict him on the third charge of recklessly driving so as to injure him. Verdict of Jury The jury found the accused not guilty of the attempted murder of his son, but guilty of recklessly driving so as to injure him. They found him guilty also of the manslaughter of Mrs Marsh and of recklessly driving so as to cause her death. The accused was remanded for sentence. When the trial was resumed this morning, Mrs Alavina Edith Kowsell gave evidence that while playing golf near the road she and others heard a crash and saw the car with Paki in it go along to Fingerpost after hitting Mrs Marsh’s car. It stopped about 120 or 130 yards from where witness was. “I saw Paki reach into the car and pull out what looked like a little boy,” said witness. “He had the boy by the ankles and sort of dashed him to the ground. Then, with a second movement, he seemed to throw the boy into the car.” Mr Meredith: How high did his arms go? Witness: About shoulder-high, and the little boy’s arms were outstretched. Mr Meredith: How many movements of the kind did you see? Witness: Only one. Then he seemed to throw the boy into the car. Mrs Emily Jensen, who was with the former witness, said Paki seemed to throw the boy down towards the ground twice. Mrs Elsie Mclnery, also a golfer, gave evidence that there seemed to be two such movements. Mr Noble: Why didn’t you ladies go to his assistance? Witness: We saw other people go towards the car. Father-in-law’s Evidence George Henry Ware said his daughter married Paki about five years ago and they had one son. His daughter got a separation order from Paki eight or nine months ago. After the accident to Mrs Marsh, witness followed the car driven by Paki and found it near the golf links, with the boy lying aslant on the front seat and unconscious. Before reaching the car witness found one of the boy’s gum boots lying on the road. The child was bleeding from the mouth, ears, and nose. Paki was not then in sight. Constable Ryan said that while in' hospital Paki spoke of the collision and said he was going too fast for the corrugations on the road, adding that when he saw Mrs Marsh’s car his feet stuck and he could not lift them. Later he said he was looking back at the boarding house, and the next thing he knew his feet and legs got stuck and the seat went forward. To Mr Noble witness said that Paki was not a drinking man and had never given witness any trouble. Mr Noble said he would not call evidence.