STABBING AFFRAY

Bay of Plenty Beacon, Volume 7, Issue 94, 28 July 1944, Page 5

STABBING AFFRAY

SORDID EDGECUMBE CASE

YOUNG MAORI INJURED

SEQUEL TO DOMESTIC TANGLE

The ou'tcome of a stabbing affray in which the victim was fortunate in escaping with only superficial, though dangerously deep wounds,, was a court hearing in the Whakatane Courthouse last Wednesday afternoon, when an Edgecumbe Maori Edward James Makaore, was charged before Messrs G. A. Brabant and 1 T. J, Cummings, J.P's,, with assault with attempt to inflict bodily harm upon another young Maori Don Ratahi at the latter's home, Edgecumbe on July ' 8 last. The court after hearing the evidence decided 1 that the more serious charge should lapse, and substituted in its place one of common, asault. Mr B. S. Barry defended. The case bore all the, earmarks of ■ a first class domestic triangle, in which the main figure was a Maori -woman Hemi Hori Ekata, a married ( woman Avith three children aged 30 ' ~ years, who 1 according to the evi- , dence. decided to forsake her .second " husband who AYas suffering from ill-health, and to live with a young 18 year old Maori Don Ratahi,, in the latter's home despite the pro- i tests of his family. The outcome was' that the husband (the accused) on his return after undergoing raedi- - cal treatment at Rotorua, had dis--1 covered her infidelity,, demanded an explanation and the scuffle in which the knife had been used had then -occurred. Victim's Evidence Don Ratahi in evidence admitted the salient facts, regarding his mode •of life with the accused. He gave Ms age as nearly 19 years and said that he had lived with the accused's wife in his absence* giving out the impression that they were, man and wife,. When accused located them at Matahi, he had warned witness to go home to his father. Later how- ■ ever he still continued to live with the woman a't Edgecumbe,. and on the night of July 8, Avhen accused had turnexl up at his home at Edge cumbe, he (witness) had invited him inside. Makaore had refused, demanding to see his Avife priA'ately. His wife had finally gone to the door but refused to go outside,. An. argument then took place at. the doorstep,, and accused had proceeded to knock the about, pulling her by the hair and shaking her. He (witness) had then interfered trying to assist the woman. The of. them had struggled and fallen to the ground. Whilst in this position a knife (produced) fell from Makaore's person. Accused seized it. He, had called out for assistance, and thereat, the accused's Avife proceeded to beat him Avith a broom and Avitness' father (Peter Ratalji) had attempted to Avrest the knife from him. In the scuffle, accused bad reached over witness' shoulder and stabbed him deeply in the back. He had sustained other Avounds also before the knife was released. His father had also been badly cut on the hand. Witness had then reported the matter to the police, and later spent some time, in hospital. Had Been Warned Witness in cross examination by Mr Barry, admitted that he had been warned by Makaore to keep away from his Avife, in his absence. He admitted further that he had denied to accused that there Avas anything underhand in their relations,, though he had openly lived with the woman. He had attacked the, accused first jj in order to defend the woman, in spite of the fact that he realised accused had told him to keep out -of it. Dr. E. T. DaAvson described the wounds received by Ratahi. The worst one., in the back, was three inches long and about three inches deep. The patient Avas in good health, and had made a good recovery. Influenced by Woman Peter Ratahi, father of. the previous Avitness told lioav accused's Avife had come to live in his home at Edgecumbe,: in spite of his objections. She seemed to have some influence over his son which he could not explain. He had sought to use every means to get rid of her, but his son would not. let her go. He had heard the. scuffle,, but had decided not to interfere. When he heard the Avarning about accuseds knife he immediately proceeded to try and wrench it aAvay. He was not quick enough to stop the stabbing, and had himself sustained a wound. Makaore's Avife Avas also striking him heavily with the broom. There. Avas no further trouble when the knife Avas taken and Makaore had Avalked away. Woman's Evidence Hemi Hori Ekata said that she Jiad been forced to leave Makaore Jbecause of his cruelty to her. She related the incidents leading up to the assault, and how Don Ratahi had come to her rescue. To Mr

Barry she said she had liA r cd Avith < Makaore for two years, but did not know that he had ever draAvn Social i Security monies for her as his Avife. 1 She admitted receiving money and 1 tobacco from accused Avliilst he Avas ; away, and added that in his. fust in- ] tervicAV Avith her at Matahi, she had s agreed under pressure to return to 1 him. When he had asked her at i Ratahi's for an explanation she had ; told him it Avas none of his busi- < ness s and that, she had finished Avith I him. She related details of the fight ] and said she struck Makaore until < he dropped the knife. The. knife was ; similar to those which Makaore usu- ( ally carried. i Accused's Statement ' Constable Wigmore, Avho investigated the case produced a statement * made by Makaore Avhen lie interviewed him in his ay hare, Avhere he was found in a very weakened state. Accused said he had been married Co Hemi Hori Ekata alter the Maori J fashion for two years prior to the 1 time he took ill, Avhen he had gone 1 north to stay Avith his people and to '< receiA 7 e treatment. During that time he had sent her money approximating £20 and tobacco. His Avife • wrote to him regularly. It AYas. not i until he had tried to draw his So- i cial Security money ay hen in Roto- : rua, that he learnt that she Avas liv- < ing Avith Ratahi as his Avife, and had < therefore forfeited her allowance. He had been deeply shocked, as she < had assured him there Avas nothing between herself and Ratahi. He had hastened to Edgecumbe and ask- i cd her for an explanation., but she refused to give him any satisfaction. He shook her, and at that Ratahi had sprung on his back. His Avife set upon him with a broom and as he was on the ground he l'elt all in till he saw his knife which had fallen from its poucli. ,He grabbed it and slashed out Avildly not knowing Avhere he ay as striking. He kneAV he had hit something but Avas beyond caring. He realised he had done wrong in using a knife. He, had then fainted. When he came round the others had gone. The' Aggrieved Party* "If anyone is the aggrieved and injured party its 'the accused." said Mr Barry in defence. He submitted that, in vieAV of all the circumstances the case Avas not one Avhich would warrant the court sending it on to the Supreme Court. No Jury Avould convict he declared, on the evidence adduced. Accused had had implicit faith in his AYife AYhen lie Avent away. He had been ill, and yet he contriA r ed to send hex money and tobacco. He heard rumours, but he believed her denials, until informed by the Social Security officer at Rotorua. He could not get any sat* isfaction from his Avife, and when he had shaken her had been set upon by Ratahi., Avho was! but a youth, and Avhom he had told to* keep out of it. It was onlj r Avhen lie Avas at his last gasp that lie had used the knife:—a time Avhen lie was past normal thinking. E\ r en then he had not stabbed deliberately but only slashed about. Up to a point lie Avas j only doing Avliat every Britisher AYas entitled to do Avhen attacked. He, was defending himself, and it Avas hard to guess what might have happened to him had he not done so. He Avas not the assaulting party. Lesser Charge Preferred The Bench decided that the case did not Avarran't forwarding on to the Supreme Court,, and accordingly dismissed the information! under that head. To the lesser charge, MiBarry entered a plea of 'not guilty.' Sergeant Farrell said that the Use! of a knife was not condonned in this country under any circumstances, and should therefore be dis-< couraged, even though accused in this instance AYas defending himself, Mr Barry replied that. Makaore was not. the assaulting party; that he Avas a sick and A T ery Avronged man,, and further that he had already had 16 days incarceration in the local prison plus a beating up into the bargain. "Although we agree that the accused had great provocation in d this instance,, we feel that he had other alternatives than that of using the knife," observed! the Bench in passing a sentence of one month's imprisonment. "He could have gone away, otn defended himself in another fashion!."' An order was afeo made [ for the confiscation of the knife. |