BOTTLE THROWN

Waikato Times, Volume 127, Issue 21245, 16 October 1940, Page 8

BOTTLE THROWN

DEATH OF MAORI FRACAS NEAR DANCE HALL MANSLAUGHTER CHARGE FAILS A fatal affray following a dance at Hangatiki on May 11 last, as a result of which a Maori lost his life, was reviewed before Mr Justice Blair in the Supreme Court, Hamilton, today, when a railway surfaceman. Albert Collins, aged 33, appeared on a charge of manslaughter. Collins was alleged to have thrown a bottle at Paul Nikora, striking Jeffery Koroheke a fatal blow on the head.

Mr J. R. Fitz-Gerald conducted the prosecution and accused was represented by Mr W. J. King. Mr Fitz-Gerald said that Collins arrived at a dance just before midnight on May 11. He had been drinking that night, but was apparently quite sober during the events that took place. When he came to the roadside after leaving the dance he saw a man named Trevor Perkins and a Maori named Nikora engaged in an argument over some liquor. A scuffle took place between the two men and Collins attempted to intervene.

“Thrown In Retaliation” Nikora pushed Collins away and finished his argument with Perkins. He then advanced on Collins and hit him on the nose. In retaliation Collins threw a bottle at Nikora, but it grazed Nikora and glanced off to hit a Maori spectator named Jeffery Koroheke on the head. At first it was not thought that Korohefce’s injury was serious, but he later had to have medical attention and died in the Waikato Hospital on June 12. In a statement to the police Collins said he did not speak to Nikora and did not give the latter any cause to strike him. The question to be considered by the jury was whether, in throwing the bottle, accused committed an unlawful act. Evidence for the prosecution was given by Paul Nikora, labourer, of Hangatiki, Constable E. D. Fraser (Te Kuiti), and Dr. C. N. D’Arcy, of the Waikato Hospital. Dr. D’Arcy said that when admitted to hospital on May 20 Koroheke had a septic wound in the centre of the forehead. A fracture of the skull was later discovered and a large abscess was found on the brain.

A statement by Emma Koroheke, widow of the deceased, was also produced.

Act of Self-defence “Although the case for the Crown is not particularly strong. I feel that 1 should call evidence to show that Collins threw the bottle in selfdefence.” said Mr King. The question tn be considered was whether the throwing of the bottle was an unlawful act. On the face of it, it might seem that it was, but the attendant circumstances must be taken into consideration. If it were then found that the act was not an unlawful one there should be no charge. Counsel said that Collins saw Perkins badly cut about the face, and Nikora seemed about to attack a brother of Perkins when his attention was diverted toward Collins. Nikora had already threatened Collins, who at the time was talking peaceably outside the hall. Without giving any provocation Collins was hit on the nose and knocked to the ground. He then reached for the bottle, which was on the ground, and threw it when Nikora advanced on him again. He was kicked several times while he was on the ground and had to be taken to hospital. The act of throwing the bottle, which resulted in Koroheke’s death, was committed in self-defence. Evidence for the defence was given by the accused and by Raymond Perkins, both of whom said Nikora was in an aggressive mood. Perkins, a brother of Trevor Perkins, who was struck by Nikora, said that for no reason at all Nikora threatened to hit him. Unprovoked Assault It was apparent that Collins was the victim of an unprovoked assault, said His Honour, when summing up. He admitted that he threw the bottle as hard as he could in selfdefence, but unfortunately it hit Koroheke, causing his death. “Suppose it had been Nikora who had been hit and received the wound on the head, would there have been any difficulty in deciding whether Collins was justified in throwing the bottle?” asked His Honour. After a retirement of only a quarter of an hour the jury returned with a verdict of not guilty and the accused was discharged.