GUILTY OF ARSON

Waikato Times, Volume 125, Issue 20951, 2 November 1939, Page 10

GUILTY OF ARSON

BACH BURNED DOWN EXPIRY OF LEASE LEGAL EXCUSE CLAIMED IBy TelPtrr.ph.—rr«s ....orlatlon> HASTINGS, Wednesday Found guilty of committing arson, Albert Benjamin Kemp, aged 45, of Haumoana, was admitted to two years’ probation by Mr Justice Blair in the Supreme Court at Napier. In returning the verdict after a short retirement, the jury made a strong recommendation to leniency. On a second charge of committing mischief Kemp was found not guilty. The indictments arose from the burning down of a seaside bach at Kairakau Beach, near Waipawa, on or about September 4. For the Crown Mr H. B. Lusk said that the land on which the cottage was erected had been leased for 10 years from a Maori in 1929, by the father of the accused. The area had been fenced off when the bach was built by Kemp’s father. It was attached to the soil by piles and concrete. Some two years ago the rights of the property had been transferred by the father to accused. Higher Rental Sought Several months ago accused approached the Maori owner with a view to securing an extension of the lease. The Maori had asked for an increased rental, which Kemp was not prepared to pay. They were unable to reach an agreement and when the lease expired the land and building affixed to it became the property of the owner.

According to accused’s own story he had wilfully set fire to the buildings because he did not like the Maori getting them for nothing, continued Mr Lusk. There was no lawful justification or excuse for such action. It was a clear case of arson, he alleged. Accused claimed he thought the lease gave him a legal excuse to bum the place. It was not a crime to set fire to one’s own building, said Mr E. T. Gifford, for the defence. In this case the mere fact that the building was nailed to the piles was the only thing that made accused liable to the charge at all.