SANITY OF PORTER IN BODY REMOVAL CASE IS RAISED AT TRIAL

Wanganui Chronicle, 5 February 1948, Page 6

SANITY OF PORTER IN BODY REMOVAL CASE IS RAISED AT TRIAL

(P.A.) Timaru, Feb. 4. ...Evidence that accused had twice been committed to mental institutions, I had twice escaped from them, was| still an escapee at the time of his arrest on the present charge and that both his mother and grandmother were believed to have died in mental institutions was given at the trial in the Supreme Court of Desmond Robert Perry, single, aged 24 years, who pleaded not guilty to improperly interfering wih the dead body of Vaimai Irene Phillips, aged 12 years, on December 20, 1947.

The trial began before Mr. Justice Fleming and the whole afternoon was occupied with the case for the prosecution by Mr. W. D. Campbell, Crown Prosecutor. He called 17 witnesses and when the Court adjourned there were still two Crown witnesses to give evidence.

Mr. J. K. Moloney, of Christchurch, is defending Perry. Crown witnesses established that Valmai Phillips died at the Timaru Public Hospital on December 19, 1947, in the early hours of the morning. On December 20, a porter noticed the morgue window open and, on looking in, found that the body had disappeared. Perry, a porter at the hospital, who had helped to place the body in the morgue, was observed leaving hospital grounds through a hedge early in the morning carrying a suitease. A big-scale search was immediately made for both Perry and the body and it was not until December 24 that he was arrested at Nelson. Questioned by the police, he admitted having taken the body to a side road oft the main Timaru-Fairiie highway and hiding it in a elump of broom. In a statement, he said that when he decided to leave the hospital on tiie morning of December 20. he discovered that his car (admittedly stolen from Hamilton) was missing from the hospital. He said he found it bogged on the beach nearby with the buoy in it. Knowing that he could not report his find because the car had been stolen by him, he stole another car,| placed the body in it, and drove it out into the country. He denied having interfered with the body. ACCUSED'S MEDICAL HISTORY. Reference to Perry’s medical history was made when Mr. Moloney cross-examined Senior-Detective E. M. Thomas, who gave evidence of taking a statement from accused. After making it, Perry told the detective that he was under the influence of liquor early in the morning or December 20, having attended a porters’ party at the hospital and he may have removed the body. Mr. Moloney: Anyone under the inflence of liquor couid have thought he might have removed a body. Is there a great deal of significance in that? Thomas: Accused has been an escapee from the Tokanui Mental Hospital since August, 1946. Mr. Moloney: But it has been established that he is capable of making a plea? "He has been examined by mental specialists,” said witness, "and they have reported that he is fit to make a plea and is not insane. He had been reported as a schizophrenic, by which it was meant that he was suffering from a split personality,” continued Detective Thomas.

. "I understand that he was first of all admited to a mental instiution at the age of 14 years.” he continued. "He remained there a short while and then escaped. At a later stage he was transferred from one institution to another from where he escaped in August, 1946. He was still an escapee at the time of his arrest on the present charge.” Mr. jdoloney: What about relatives?

Witness: From the records, I have reason to believe that both his mother and his grandmother died in mental institutions.

Mr. Moloney referred to a foolnote written by accused to his statement to the police in which he said: “I have read this statement through and it is true and carrect in every netail as far as sanity wil enable me ,o remember.” What particular significance could be attacnea to that? asked counsel.

“During my experience in the police force, I have taken many statements from suspected persons,” replied Detective Thomas, "and this is the cnlyi case when a suspected person, on being asked to certify his statement as being true and correct, has done what Perry did, say that it was true so far as his sanity could enable him to remember.”

Mr. Moloney: Was accused in a turmoil? —I think he was worried about what might happen to him, but I presume that would be only natural. He seemed normal when giving his statement."

Mr. Maloney: Would you say he was a normal citizen?

“From the admission accused made concerning his action with the body, I do not consider his actions were those of a normal person. His Honour: Did he say anything to indicate that he knew he was deing wrong? Witness: He gave me the impression that he was aware of the nature and quality of everything he had done. Perry said that because he Lad stolen the car (found bogged on the beach) he was unable to go to the police when he found the dead body in it and that he had, therefore, stolen a second car and taken the body away in it. His Honour: What significance do you draw from that?—l would say that this was low cunnnig. Although lie is abnormal, I am of the opinion that he knew what he was doing with he body was wrong. Mr. Moloney: Would you suggest that the authorities who committed accused to mental institutions in 1936 and again in 1939 were wrong in their diagnoses?—l could not say that. Perry must have had some mental instability, otherwise those learned gentlemen would not have committed him to those institutions. Before the court adjourned Mr. Moloney intimated that he did not intend to call any witnesses for the defence.