CASE DISMISSED

Bay of Plenty Beacon, Volume 11, Issue 22, 30 April 1947, Page 5

CASE DISMISSED

SERIOUS CHARGE FAILS COMPLETE ALIBI ESTABLISHED ‘‘After considering all the evidence of the prosecution we find that there is no corroboration at all in this case. We will therefore dismiss the charge, order the prisoner to be released and bail to be returned.” In this way the bench summed up proceedings against a Maori youth, Rahutu Raimona Hiraka who appeared before Messrs. C. H. Christensen and J. King, J.P.’s yesterday, on a charge of unlawful carnal knowledge at Te Teko on April 12.

Evidence for the prosecution rested mainly on the testimony of a 14-year-old Maori girl, Pahire Hatata, of Te Teko, who stated that while minding her younger brothers and sisters on the'. Saturday evening while her parents weie at a dance, she had been disturbed and assaulted by accused about midnight. She had known accused for many years and he had no right to visit her home. She had ordered him away but he had only left, when her younger sister, disturbed by the commotion, had entered and threatened to tell her father. Witness had told her parents on their arrival home about 1 a.m. To Mr Otley witness admitted that there was iio light in the bedroom but that accused had been easily recognised because of the bright moonlight.

The evidence of her 10-year-old sister was to the effect that she had heard her sister’s screams and had peeped into the room, threatening the man who she could see. She did not recognise accused but had been told of his identity by her sister. Dr. Maaka in evidence declared upon examination that there appeared to have been nothing conducive to the assault as described. Ngahaka and Renata Hatata, parents of the girl concerned, also gave evidence.

Sergeant Farrell stated that as a result of a telephone message he visited Te Teko and spoke to accused, informing him of the complaint laid against him. He denied the charge v declaring that he was at the Ringatu Church all that night and that he could get witnesses to prove it. To Mr Otley witness agreed that he had checked up on accused’s statement and discovered that he had actually attended the church meeting all night and that he never left it until the following morning. The 12th April is a very important day in the Ringatu Church and the religious session lasts the whole night, not breaking up until the early hours. In order to keep the congregation together, guards were actually placed atHhe entrances to see that no one left the service without authority. Whilst- it might not be impossible for a person to leave, he understood that some five Maori guards were apointed and maintained —a very strict watch.

In pleading ‘not guilty’ Mr Otley who defended declared that the Crown had failed completely to prove its case and that the whole of the evidence was weak. In the first place there was only the evidence of the alleged victim of the assault which could be regarded as admissable, and that in itself was far from satisfactory. It was very doubtful to be able to confirm just who entered the room. Furthermore the medical evidence failed to bear out the statements of the first witness. Secondly, the statement by the police as to the Ringatu ceremonial meeting which lasted all night at which accused was present, bore out completely accused’s stout denial of the charge which he had maintained all the time. Mr Otley submitted that the case was one in which the Crown had failed and which should therefore not be permitted to go past the preliminary court. .