TRESPASSER GAOLED

Bay of Plenty Beacon, Volume 10, Issue 59, 6 December 1946, Page 5

TRESPASSER GAOLED

INSUFFICIENT ALIBI NEIGHBOURING HOUSE ENTERED Peter Horopapara, who conducted his own defence was found guilty in the Whakatane Police Court last Wednesday on a charge of entering . enclosed premises without lawful excuse, on the night of December 1. Messrs. C. G. Lucas and J. King were on the Bench. Hoi'opapara pleaded not guilty, -and took fuli advantage of his right to cross examine the two young witnesses who were brought by the Police. In spite of. his best efforts to establish an alibi, he was sentenced to a month’s imprisonment after the Bench had retired for a brief period to discuss his case.

Sergeant Farrell said that in the ,early morning hours of Sunday, December 4, accused had entered the * .bedroom of a house near his own in which two young girls were sleeping. One of them had awakened, .and hearing someone moving about, had switched on the light, and disclosed accused walking round. He had no right to be there whatsoever, and when asked to, promptly left the premises.

The evidence of the girls showed that shortly after 12 o’clock, they had been aroused. They had no difficulty in recognising the accused, When the light was switched on. They had known him by sight, and were positive that the man in their room was the one now standing in the dock. In answer to accused’s ■cross-examination, both admitted that there was no unusual distinguishing marks about the accused, but they were positive it was he. Accused declared that their evidence was very doubtful, and addressed this opinion to the Bench. He also produced two witnesses to establish .an alibi. The first of these, Pete Merito submitted that Horopapara had been present at a local party until approximately midnight on the Saturday evening, though he could not swear at what time accused had departed from the gathering. He admitted that all at the party had been indulging in liquor. Accused’s wife, Mrs Eliza Horopapara, deposed that her husband returned home between 1.15 and 1.30 a.m. and that she had been awake at the time.

The Bench found accused guilty, and sentenced him as above.