NEW TRIAL ORDERED

Wanganui Chronicle, Volume 72, Issue 35, 9 February 1929, Page 7

NEW TRIAL ORDERED

CASE AGAINST TRYER ALLEGED ILL-TREATMENT OT MENTAL PATIENT [Per Press Association.] WELLINGTON, Feb. 7. The final stages were reached in the Supreme Court to-day in the trial of Tyre,re, an attendant at Porirua Mental Hospital who was charged with causing bodily harm to a patient. Mr Leicester, for accused, put it tn the jury that Tyrer’s record precluded the possibility of his having committed the assault and that the record of Quintal!, tho other atten taut, was such that there was grave danger in accepting his evidence. It -was impossible to say that the patient’s evidence was that of a man of unsound mind. If the jury had a doubt the verdict should be in accused’s favour.

In th c course of his summing up, his Honour remarked on the gravity of the matter. No man in his sound senses would come to thc conclusion that a man would inflict on himself such in-

ju | s as the patient had sustained. With regard to Quintail’s evidence he said that because a man had been convicted of an offence it did not follow that he was incapable of telling the truth. In connection with the allegation of a fight with another patient, his Honour asked why Strathers was not called to give evidence, which would be of supreme importance to the defence. On the whole of the evidence the jury were entitled to consider the Crown case had been proved, but the matter -was entirely in their hands.

The jury retired shortly before th« lunch adjournment, and at 4.45 p.m. returned to the Court, when the foreman stated that they were unable tfl agree, an I there was no chance of agreement. The jury was thereupon discharged and a new trial ordered for Monday next. Accused was allowed bail.