JURY RETURNS NO BILL

Southland Times, Issue 23026, 21 October 1936, Page 12

JURY RETURNS NO BILL

MANSLAUGHTER CHARGE MAORI FOOTBALLER DISCHARGED (United Press Association.) Palmerston North, October 20. In his outline to the Grand Jury in the Supreme Court of the circumstances leading to the charge of manslaughter’ against Hawea Mataira, a Maori footballer, as the result of the death of Bernard Rogers, another Maori footballer, on September 23, Mr Justice Ostler said it was difficult to avoid doing what Mataira did. “When a neighbour will insist on fighting, you have simply got to oblige him,” said his Honour. His Honour said that after rushing in for the third time Rogers had been knocked on his back and hit the concrete of the backyard. All the Crown witnesses said that Mataira did his best to avoid a fight, though he did not run away. He had tried to dissuade Rogers from fighting. Though it could be done in England, in New Zealand a man could not be indicted for a crime unless it was one specified in the Statutes. The Judge said that he could find no Statute which said it was unlawful for men to fight with fists in a private place. Unless it was clear from the evidence that when Mataira agreed to fight he intended to kill or do grievous bodily harm to Rogers, he was guilty of no crime and it would be the duty of the Grand Jur’- to throw out the bill. When one looked at the evidence accused intended neither, but only to defend himself. Tire Grand Jury returned no bill, and Mataira was discharged.