JURY’S VERDICT OF MANSLAUGHTER

Wanganui Chronicle, 4 May 1949, Page 5

JURY’S VERDICT OF MANSLAUGHTER

MAORI WAS CHARGED WITH MURDER NAPIER, Last Night (PA).—"That is a proper verdict,’’ said Mr. Justice Cornish in the Supreme Court tonight, when a jury empanelled to hear a murder charge against Tiemi Ranapiri, aged 41, a Maoil, of Tangoio, returned a verdict of guilty of manslaughter with the strongest possible recommendation to mercy. The jury had retired at 5.5 p.m. and returned at 8.30 pan. The prisoner was remanded for sentence. Main interest in today's proceedings centred in the appearance of the accused in the witness box, where he was questioned for two hours. He was charged with the murder of Paul Pohio, a Maori, aged 28, at Tangoio, on February 6. Mr. L. W. Willis appeared for the Crown, and Mr. H. W. Dowling for accused. Joseph Ranapiri, Watersider, a \ brother of accused, said he lived with his wife and child in the Ranapiri home at Tangoio. On the night of February 5 he was awakened by his brother, who said he had shot a man. A fortnight later witness was cutting down long grass near the house, when he found a pair of boots about 14 feet from the window of Erena Ranapiri’s bedroom. These boots belonged to Paul Pohio. Police evidence included the reading of a statement alleged to have been made by accused following his arrest. The statement said that on finding his daughter and Pohio in compromising circumstances, accused, said to Pohio: “I have half a mind to shoot you.” Pohio replied: "You cat. do so it you like." Accused raised the gun, fired a shot and Pohio dropped to the floor. ThiMOncluded the Crown cass. EI’IDENCE OF ACCUSED.

Accused, when called to give evidence, said he was an apostle of the Ratana faith, one of the beliefs of which was that it was wrong to shed blood. Shortly before the night of Pohio's death, two or three boys had been arrested in the district with a stolen car and armed with firearms. During a party of February 5, the children of the neighbours who were at another party came to the Spooner house and said they were afraid to go home because someone was prowling around their house. When he returned home from the party he went into his bedroom, continued witness. He heard a noise coming from his daughter's bedroom. He thought nothing of it at first, but then remembered previous incidents and decided to investigate. Witness picked up a rifle and a couple of cartridges and, carrying a torch, went to his daughter's room. As he shouldered the door open the rifle went oft, a bul let going into the floor. When in the room, witness continued, he stood at the end of his daughter’s bed and shone the torch on to tile bed. Pohio was in the room and witness said to him, “what are you doing here’’’ After Pohio replied, witness said: *1 have half a mind to shoot you.’’ Pohio replied: “You can do so if you like.” The rifle was pointing towards the floor, but when Pohio made this last remark witness said he thought Pohio was going to get up and so he raised lhe barrel of the rifle above the end of the bed. The rifle then went off

Mr. Dowling: Remembering your oath, will you tell me if you had your finger on the trigger of the rifle at any time?

Witness: I did not. Was it ever in your mind to discharge the rifle at him? —No. Continuing his evidence, the accused said he did not expert to see Pohio in his daughter’s room when he went in. He did not know what to expect. Accused said tliat later he held a service in the house for the purpose of delivering up the soul of Paul-Pohio, to ask the Father to forgive Pohio for his sins and protect his (accused’s) children. Dealing with his statement to the police, accused said he had no sleep all that night, and when he made his statement he felt that Pohio’s death resulted from his actions. Consequently. he wanted to give himself up and "pay sacrifice."

Mr Dowling: What, in your opinion, was the exact cause ot Pohio's death? Accused: The fact that I did not have lull control of my rifle and the throwing of the gun over the end of the bed to order him out. Paul and I were friendly up to this time.

ACCUSED CROSS-EXAMINED Cross-examined by Mr Willis, accused said lhe shot that killed Pohio was fired as he lifted the rifle and threw it on the end o£ the bed. If nis daughter Erena said the rifle rested on the end of the bed before being fired she was wrong. Mr Willis: Is it not a strange coincidence that when you just threw the rille on the end of the bed and it went off, the bullet should hit Paul in the right place—the head?—Yes. Mr Willis: Is it not a plain fact that you shot this man? Accused: No. , Mr Justice Cornish: Did you shoot this man in a moment of provocation • —When the gun went oft I had no intention of shooting him. Mr Willis: Had you (inown for some time that the rifle was a “hair Ingger”? Yes. Mr Willis: Did you know it was dangerous?—No. Accused admitted ne had drunk his share of the beer at the party; He separated from h:s wife on the way home and reached the house before her. He was in a bad temper over a disagreement with his wife about going on to another party. Mr Willis: Did you think it was right that, after taking liquor, you should take a hair trigger rifle with you when going '.o investigate the noise in your daughters room.—l did rot think ot that at the lime. Mr Willis: Do vou recognise now that it was very wrong ot you to take h Mr'Willis: What made the rifle go off?--That I cannot say. Mr Willis: You do not say it was the "Un hitting the rail at the foot of the bed? At ’he time the gun went off I lost consciousness. I do not know what happened. Questioned on his statement to th police, witness said that when he said "I fired a shot ’ he d'd not mean he fired it by pulling the ! r .’’ ; Ber'8 er ' Mr Dowling, re--mnnn'.n :: Whx did vou lift the bnrr -1 of the gun over ,ihe end of the oed? So that Paul Pohio could see itMr Dowling: Why did you want. Pohio to see il? Because he w as starting to ggt u ; and I wanted him to see that I was armed. Mr Do' lin ?.: When you left ine party were you the wo'fs A for liquor 1 No. The party nad started before Mrs Ranapiri and I arrived.