SENTENCE PASSED ON PRISONERS

Southland Times, Issue 24361, 15 February 1941, Page 8

SENTENCE PASSED ON PRISONERS

FLOGGING ORDERED BY JUDGE (United Press Association) AUCKLAND, February 14. The five prisoners who escaped from the Auckland gaol in October last were sentenced this morning by Mr Justice Blair. Randall Reginald David Smith, Brian James O’Heir, John Henry Silva and Allan Roy Duff were found guilty of breaking prison with violence and rendering the warders incapable of resistance by means of violence. ‘ Smith, Silva and O’Heir had nothing to say. For Duff his counsel, Mr Noble, said the prisoner had not realized the full gravity of the offence until he was involved in it. On the count of breaking prison with violence, Smith, O’Heir, Duff and Silva were each sentenced to seven years’ imprisonment with hard labour. For rendering the warders incapable of resistance they were sentenced to 12 | years’ imprisonment with hard labour and ordered a flogging of 20 strokes each, these two sentences to be concurrent—l2 years in all, but to be cumulative with the sentences they are already serving. Watson was sentenced to four years’ reformative detention for escaping and assaulting the warders. Mr Justice Blair said that it was a fact that some of the prisoners, including Smith, had not in fact struck the warder, but he had not the slightest doubt that . Smith was, if anything, worse than the others. He was certainly the leader and had taken fine care to do the work effectively. It was doubtful if Watson appreciated that force was going to be used, but the others did and actually prepared the weapons.

“This charge af assaulting the warders to render them incapable of resistance is one of the most serious the Court has had to deal with short of the charge of murder,” he said. “The men prepared to effect their purpose regardless of the amount of injury to the unfortunate warders who were attacked off their guard. The attack was carried out cold-bloodedly and callously. During the trial I could not see the slightest indication of sorrow in any way for the warders who suffered at their hands. In fact, someone might almost be inclined to think they gloried in what they had done.”

There were no redeeming features in the case, and he would fail in his duty if he did not visit the offences with very great severity.