Crown Evidence Ends In Napier Rape Case

Press, Volume XCV, Issue 28267, 3 May 1957, Page 10

Crown Evidence Ends In Napier Rape Case

(New Zealand Press Association)

NAPIER, May 2. A statement that he had bought only one phial of nembutal since 1954 and the reason he had thrown it out of the police car window was because some time previously the Health Department had denied him the right to have Much a dangerous drug in his possession was made by Alfred Lyle Andrew, aged 40, traveller, in the Supreme Court at Napier this evening. The unsworn statement was made by Andrew from the dock at the conclusion of evidence for the Crown in his trial on a charge of rape. Andrew said that a few days before March 19 he had gone out with another Hastings girl who used to go to the same school as the girl complainant. When he met the complainant on March 19 and she learned he had taken the other gjrl out she seemed jealous. Andrew denied he had told the complainant he was John Nolan, of Gisborne, but said he was a Nolan from Hamilton. He said complainant had more than three drinks and by the time they finished drinking she showed increasing signs of affection towards him.

Today was the third day of the trial which is expected to end tomorrow. Mr Justice McCarthy is presiding. Mr A. O. Woodhouse and Mr W. R. Willis appear for the Crown and Mr R. Stacey, of Wellington, represents Andrew. Chemist’s Tests At the conclusion of his evidence this morning, Percival James Clark, chief chemist at the Dominion laboratory, was directed by his Honour to make tests with gin. squash water and nembutal. When Clark later gave the result of his tests, he said that a drink of gin with squash in it and three tablets of the drug was slightly cloudy A drink of gin and ginger ale with three drug tablets was more distinct in its taste than a drink of gin and water with one dru" tablet in it. Cross-examined by Mr Stacey, Clark said he had conducted tests with the drug. Gin and water with one capsule (1£ grains) of the drug dissolved in it could be drunk without undue suspicion of the drug, he said. His Honour: Did you conduct any tests with the drug in gin and squash?—No, sir. Maurice Wells, a wool store worker, of West Shore, said that about 5.45 p.m. on March 19, he saw a truck parked outside the West Shore Hotel, which he identified as Andrew’s. Wells saw a man and a girl going into the hotel. The girl seemed unable to support herself, and her escort had both arms around her. Wells thought at the time that she was either very ill or very drunk.

Mr Stacey: Did she seem to be making any protests about anything?—No. Licensee’s Wife’s Evidence

Mrs Phyllis Pearl Byers, wife of the licensee of the West Shore hotel, said that about 5.50 p.m. on March 19 she was told that a couple had been booked in for the night. A short while afterwards Andrew asked her to send two dinners to his room. This was arranged.

About 8 p.m., when Mrs Byers was in an upstairs room, a girl wearing a dressing-gown came in. She seemed upset and worried, and appeared to be frightened of a man. She did not give Mrs Byers the impression that she had been drinking. When she discovered the girl had no clothes Mrs Byers lent her a frock and, at her request, telephoned for assistance so that she could go home.

Noel Harvey Byers, licensee of the hotel, said that a man calling himself ‘‘John Nolan” telephoned for a double room between 5.30 p.m. * .ad 5.45 p.m. on March 19. About 5.45 p.m. he saw a man and a woman walking up the

stairs. ‘‘They appeared to be hanging on to one another,” Byers said.

A little later the man came into the private bar, had two or three beers, and said he was on his honeymoon. He said his wife was sick. About 8 p.m. Andrew had another beer and then disappeared. Byers heard his truck leaving the yard. Andrew never returned and had left without paying his hotel bill. Arrested Detective-Sergeant G. Hogan, of Hawera, said he interviewed Andrew at Stratford on March 26. Andrew denied having committed rape and said the girl had been a willing party, being as drunk as he was. Andrew said she had “cleared out” from him at the West Shore hotel, taking his dressing gown, “worth ten quid,” with her. Andrew was then formally arrested on a charge of rape. When Andrew’s truck was searched a phial containing yellow capsules was found. Andrew, whd was present, said he had had them for a long time and had used them for killing dogs. The police also took possession of bottles of whisky and gin, ginger ale bottles and one bottle containing a clear fluid that could have been water. There was also a text book on midwifery for nurses. In this book was reference to the drug nembutal. Andrew was taken in a car from Stratford to New Plymouth and on the journey he managed □ throw a oroken phial of capsules out of the car window, but one capsule was later found on the car floor. Andrew later said he had taken the phial from a desk at the Stratford police station. To Mr Stacey, Hogan said Andrew had been travelling around the countryside vaccinating lambs against pulpy kidney. There were several chemical preparations in accused’s truck, including large quantities of the vaccination. Andrew told the police that he had been in trouble with the Health Department previously for having the capsules in his possession, and that that was why he had tried to get rid of them. Capsule Found

Detective-Sergeant R. Q. Petherick, of New Plymouth, said he found a capsule on the floor of the car which took Andrew from Stratford. Andrew at first denied having taken the phial from the Stratford police station, but then admitted it

Dr. A. F. Foley, of Napier, said he examined the girl complainant in his surgery on the night of March 19. She was fully conscious, and had a good recollection of events which had occurred on the morning of that day. However, she had only a hazy recollection of what had happened earlier that evening and her mind was a complete blank on events of the whole of the afternoon. An examination revealed that there had been intercourse.