SERIES OF CHARGES

Bay of Plenty Beacon, Volume 8, Issue 7, 12 September 1944, Page 5

SERIES OF CHARGES

INCIDENTS AT MATATA

YOUNG MAORI' GAOLED

The result of a night's heavy •drinking resulted in, a young Wiremu Te Moni, of Thornton t appearing before Justices T. J. Cummings and* J. G. Mulholland in the Whakatane Court last Friday on three charges embracing theft and attempt to defraud. Mr Barry) who defended pleaded not guilty to all charges and puit up an interesting fight in which he declared' that the police charges l mujS't fail in that they did not prove any criminal intent on the part of the accused 1 .

The charges, arose out of a series -of incidents at Matata on the night Of August 26, when Te Moni with lii® brother-in-law Sam Piranara had been drinking heavily and spent the night in a drunken state in a car. Upon awakening Piranara had discovered that he was minus his wristlet a £1 note t his Post Office Book and his ration books. He had not said anything to tho police immediately but did so when the police Ave re making enquiries about another incident Avith which Te Moni Avas. further charged. It appeared that AA T hilst in possession of Piranara's bank book, Te Moni had entered the Matata Post Office at 9 p.m. and asked the Postmistress if he could raise money by making a AvithdraAval. He had left ■when told that it. could not be done. A third charge of trespassing arose •out _of accused's action in entering the bedroom of. the licensee's A\'ift> at the Matata Hotel on Sunday morning and asking to be served with beer. The evidence of Mrs O. R. Anderson (Matata Hotel) showed that accused had entered in the early morn« Sng and asked for a drink f which liad been refused. He had gone When ordered to do so. Mr Barry objected to evidence relative -to the Joss of some money by the. last Avitcess Avhich she claimed had been "left on the top of the radio.

Sam Piranara a returned soldief 9' of the present, war, related how lia had been very drunk on the niigiit of. the 26th and had fallen asleep With Te Moni in a car. He did not miss the articles named until he had been informed by a message from the Post Office that his bank booli and ration books were there. Latex he had also received a message from iVlrs Te Moni to the effect, that she Was holding his wristlet watch and money.

The, evidence of the Post mistress which was permitted in her absence •rshowed that Te Moni was very drunk when he entered the office and asked for an advance, on Piran--ara's bank book.

Constable Wigmore related how the police had followed up enquiries after Mrs Anderson's complaint with the result that accused was inter' viewed at Edge.cumbe. Accused had at first denied the charges but late)' admitted that he had taken the watch and money for safekeeping, and had handed them to his wife. iWith regard to the attempt to de« fraud he had denied all knowledge of this incident agreeing that if it had happened he could not recoiled It. i Mr Barry for the defence said thai the police cases must fail on all counts. The question of or as the charge read 'of being jon enclosed premises without intent to commit a crime ' was capable of a .perfectly logical explanation. Te Mom had asked the barman for a -drink and had been referred by hijm to Mrs with the result that he had knocked on her bedroom and made the request. It was normal for those who wanted drinks Jo enquire at the private, quarters and there was> no criminal intent in that. Surely that was a reasonable excuse. The theft charge relating to the brother-in-law also could aiot be supported by evidence which .showed intent. Te Moni had been asked by his wife to take any valuables from her brother when he was drunk in order to safeguard them. OMiis he had and before the •police had started their enquiries Piranara had been communicated with and told of their safety. The taction had been a perfectly straight-, forward one. The bank book episode, Mr Barry contended was cely worth the court's attention. Te Moni had been so helplessly drunk fcliat no one should have taken any notice of him. Would any person in their right senses go to a Posjt Office after 9 p.m. and seek to transact business. Accused had not made any request or filled in any form. He hacl merely asked if an advance could be made on the bank (Continued in next column)

book and had been informed in the negative. Unless a person was in full • possession of their faculties they could not be held to have the intention of committing crime. Such a thing might happen to any one and the incident dismissed. From the box Te JYloni gave evidence setting out the de,tails of his behaviour and declaring that he had no memory of what happened in the post office. He honestly had only taken Piranara's possession to prevent others taking them, and had handed them over to his wife as soon as he got home. Sergeant Farrell: You are a very honourable sort of Maori to look after your friends like that aren't you? Accused: I only did what my wife told me. Sergeant Farrell: Yes, but its not usual for you with your convictions to do this sort of thing? Mr Barry: Careful Sergeant, careful! Sergeant Farrell: He's, setting himself up as a benefactor and as an upright person. Mr Barry: He hasn't given any evidence to that and you cannot, bring forward any prevfious records. He must be judged on this case alone. Sergeant Farrell (to accused): Why did Piranara report it to the police? Accused: I don't know. Sergeant Farrell: I'll tell you why. It was because lie knew you were, a thief. I'll answer to a question from th|e bench Sergeant Farrell said that when the, police first interviewed the accused, he denied having Ph> anara's property, and had been subjected to abuse of the worst kind by both the accused and his wife.

Mr Barry: But they had already rung the brother-in-law before the police came. .

"The bench is of the opinion that accused knew perfectly well what he was doing when he went into the Post Office," • observed the senior Justice in giving a decisionw "The very fact that he also asked for other people's mails proves that. On that charge he will be convicted and' sentenced to one month in gaol and on the other two he will be convicted and discharged. He isi very lucky to get off so as last week a Maori wa<s sentenced to six months for being found without lawful excuse upon private premises. The actions of young Maoris in this district is getting very grave. They are continually coming before the court on charges of theft and other offences. It is hard to say what is happening, but they appear to be getting out of hand."