MAORI ACQUITTED

Timaru Herald, Volume CXXXIX, Issue 20028, 8 February 1935, Page 11

MAORI ACQUITTED

MURDER TRIAL ENDS By Telegraph—Press Association AUCKLAND, February 7. The trial of Puhipe Riwhi (33), on the charge of murder was continued to-day. Counsel for the defence stressed that the deceased did not die from a blow on the head, but from gangrene, and that there was no evidence of intention to kill, and that there had been sudden provocation. He said the real question for the jury was whether they should find the prisoner guilty of manslaughter, or acquit him. Mr Justice Fair said 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 the blows he struck were likely to cause death. If he was reckless, whether death occurred or not, then it was murder. If the accused had been provoked and lost selfcontrol then it was a case of manslaughter. A person who used a spade in self-defence must realise the damage it would do. Was the blow a reasonable one in the circumstances? If the jury found that the accused 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. The jury then retired. At the conclusion of His Honour’s summing up, Mr Hubble, for the Crown, raised the point that provocation could only reduce a murder charge to manslaughter. To this Mr Trimmer, for accused, replied that if the use of force was reasonable in the circumstances, then accused was entitled to an acquittal on both the murder and manslaughter charges. His Honour said that if the jury found that accused had been assaulted and had used a reasonable method of defence, then the jury would find a verdict of not guilty of manslaughter. The jury returned with a verdict of not guilty and accused was discharged.