ARSON CHARGE

Bay of Plenty Beacon, Volume 2, Issue 141, 1 April 1940, Page 5

ARSON CHARGE

TWO YOUTHS BEFORE COURT SEQUEL TO MORNING FIRE A case which created considerable interest throughout Wednesday and Thursday at the Opotiki Police Court concluded on Thursday afternoon. Throughout the hearing there was keen interest displayed by the public. After the first day's hearing no decision Avas made and it was necessary for the case to be heard a second time, fresh evidence for the defence being called on the second day. Messrs G. S. Moody and J. D. Clark occupied the bench on the second day. The young men concerned Ave re Ronald Horace Russell and Robert John Pennelh both aged nineteen who Avere charged with setting fire to a building, the Majestic Cafe, on March 2(5, and further Avitli breaking and entering the shop. Mr E. C. East appeared for both the accused . Sergeant J. Isbister said that the building Avas broken into between 3 and 4 a.m. through the skylight. Fire broke out less than half ah hour after the accused Avere arrested and the police held that the accused were responsible. The first Avitness for the prosecution was R. C. Brownie* an employee of the Post and Telegraph Department, Avho said he was on his Avay to work at 3.40 a.m. pn Tuesday morning Avhen his suspicions Avere aroused by the action of a man outside Mravich's restaurant. He communicated with the Police and the man, together with a companion, was subsequently arrested. Other Evidence.

Evidence concerning the arranment of electric poAver switches AA'as giA 7 en by Mrs Mravich, Avife of the oAvner ol' the shop and she said that she had been to some pains to make sure that they Avere all! turned off before retiring for the night. Mr Mravich detailed the extent of the damage done by the fire. Wit ness added that lie was a native of YugosiaA'ia, registered as an alien in Ncav Zealand, Avhere he had lived for la years. Witness had never been in any trouble before courts. The furniture Avas insured for £580, about £300 under-insured, and Avitness Avoukl have been a heavy loser if they Avere all destroyed. Sergeant J. Isbister said that at about 3.50 on the morning of 26th inst., as the resulti of information received, he Avent to the Majestic Restaurant in Church Street and after satisfying hi-mself that there Avas no one then in the premises, he, Avith the assistance of other residents, surrounded the block. While they Avere engaged in surrounding the block, Avitness saw two men in the A'acant section at the rear of the restaurant. Witness went into King Street and Avhile he AAas there Mr BroAvnie Avho had been stationed in the back road came around into King Street accompanied by the ti\vo ac- j cused. Witness took the two men into custody and conveyed them to the police station. Statement by Accused. In Pennell's statement he admitted leaving a dance, then attending a party in company with the other accused and left at 3 a.m. They had a good deal of liquor. They Avent tc Mravich's premises and climbed in through the skylight and had food Avliich they heat ed in hot Avater in a basin. They AA r ere fairly drunk and if the SAvitches were left on they must have done so. He did not remember turn ing off the switch. Mravich Avas discussed at the party,, and there Avas a plan to wreck the premises on the Tuesday. He thought that their idea was to get in first but if I lie had not been drunk he would not have been there. Russell stated that he went to a dance in company Avith Pennell and then to a party Avliich they left at 3 a.m. At the dance there Avas talk of Avrecking Mravich's premises. They discussed MraA'ich on the way home and decided to get there first. When they got into the restaurant they looked for something to eat. They got out of the place in such a hurry that they must liaA'e left the switches on. Sergeant Isbister concluded his> eA'idence by stating, in reply to Mr East, that lie had looked at the premises tAvice before the accused Avere locked up and on both occasions there Avere no signs of fire. The say itches being on were the only suspicious circumstances. Mr J. D. Dicker, manager of the Bay of Plenty Electric Power Board gaA r e particulars of investigations

shortly alter the brigade arrived. The inspection was to ascertain whether the fire had been caused directly by electrical equipment. He concluded that the fire had occurred in the woodwork surrounding the chimney. From these conclusions it was evident that the chimney have to be of such a temperature to igI nite the woodwork. The only source of heat that would cause this from the equipment that was there would be the fish frying equipment directly underneath the chimney. At this juncture witness questioned Mrs Mravich and asked her to define the position of the switches on this equipment. She definitely stated they were all on. There was not a great deal of fat in She receptacles. On the basis of 20-30 lbs fat from cold with the element full on it would take about half-an-hour to three-quarters of an hour to reach the temperature at which it might ignite. Witness did. not test the fat for water. Evidence that the seat of the lire appeared to be in the woodwork immediately alongside the Hue, was given by the secretary of the Opotiki Fire Brigade, who also makes reports on fires to the Inspector. He said he was quite certain that the fat had been on fire. Defence. Counsel for the accused submitted that these two young men. who had enlisted, got into a party where there was a discussion about wreck ing the restaurant. There was no evidence of any damage done. They cooked food and saw men outside and decided to go away. Their recollection of the switches was vague The crime of arson required a wilful intention of setting fire to the place. There was nothing to suggest that the fire started in any other way than by the switches and the fat. No papers had been interfered with. The accused were seen leaving the shop at about 3.40 and the alarm was not sounded until an hour later. If they had intended to set fire to the place,, they would have used bundles of paper. Mr East pointed out that the intention to wreck the place had nothing to do Avith the intention to set fire to it. After a brief adjournment, the Bench discharged both accused on the charge of arson, convicting them on the second charge and com mitted them to the Supreme Court for sentence.