MURDER CHARGE FAILS

Taranaki Daily News, 8 February 1935, Page 7

MURDER CHARGE FAILS

MAORI FOUND NOT GUILTY

BLOW WITH A SPADE ALLEGED.

QUESTION OF SELF-DEFENCE.

THE LAW DISCUSSED BY COURT.

By Telegraph—Press Association. Auckland, Last Night.

The trial of Puhipi Riwhi, .a Maori, aged 33, on a charge of murder, concluded to-day. The jury found him not guilty and he was discharged. Counsel for the lefence stressed that Henry Leaf did not di- from a blow on the head but from gangrene. There had been no evidence of intention to kill, and there had been a sudden provocation. The real question for the jury was whether they should find the prisoner guilty of manslaughter or acquit him. Mr. Justice Fair said that the only ground upon which the blows struck by the prisoner could be justified was that they were struck in self-defence. The jury should consider also whether the accused knew that the, blows he struck with a spade were likely to cause death. If he was reckless whether death occurred or not, then it was murder. If Riwhi had been provoked 'and had lost self-control it was a case of manslaughter. A person who used a spade in selfdefence must realise the damage it would do. Was the blow a reasonable one in the circumstances? If the jury found that Riwhi had been assaulted and that the method of defence used by him was reasonable, then it would find, a verdict of not guilty of manslaughter. At the conclusion of His Honour’s summing up Mr. Hubble (for the Crown) raised the point that provocation could only reduce the murder charge to manslaughter. To this Mr. Trimmer (for the accused) replied that if the use of force was reasonable in the circumstances the accused was entitled to acquittal on both the murder and manslaughter charges. His Honour said that if the jury found Riwhi had been assaulted and had used a reasonable method of defence the jury would find a verdict of not guilty of manslaughter. The jury returned with a verdict of not guilty and Riwhi was discharged.