INDECENT ASSAULT

Otago Daily Times, Issue 26996, 3 February 1949, Page 2

INDECENT ASSAULT

ACCUSED/ FOUND GUILTY SUPREME COURT TRIAL Thomas Francis Cummings, aged 40, married, a car dealer, was found guilty of indecent assault by a jury in the Supreme Court yesterday. The jury was out for lhr 55min. The Crown, represented by Mr J. B. Deaker, preferred a major charge of assault with intent to commit rape, and two alternative counts of indecent assault and assault. The prisoner was represented by Mr C. J. L. White, who had with him Mr W. McAlevey. Mr Justice Kennedy presided. The prisoner was remanded for sentence until to-morrow. The girl's mother said in evidence that when her daughter had not arrived home from work witness set out with her husband to look for her daughter. The girl arrived home about 1 a.m., crying bitterly. Witness said that some days later the accused paid a visit to her house with his wife. Detective Sergeant J. A. Marshall said he had interviewed the accused, who, witness alleged, said: “Yes, I picked her up. She was quite a willing partner.” For the defence, Mr White said that any suggestion of rape was absurd. Rape was one of the most serious crimes on the calendar. Counsel said that the whole question was whether the complainant consented. “ Her behaviour would lead one to believe that she was a consenting party,” Mr White added.