Supreme Court GIRL ACQUITTED OF THEFT OF RADIO

Press, Volume C, Issue 29518, 20 May 1961, Page 13

Supreme Court GIRL ACQUITTED OF THEFT OF RADIO

Lohna Joy Garvie. aged 18, was found not guilty by a jury in the Supreme Court yesterday of stealing a portable transistor radio, valued at £2O. the property of Robert Nick Costa, a United States serviceman, from a house at 118 Aldwins road, on the night of December 24. 1960. She was discharged by Mr Justice Macarthur. The jury took 20 minutes to reach its verdict.

The Crown Prosecutor (Mr P. T. Mahon) conducted the case for the Crown, and Mr R. G. Blunt appeared for Garvie.

On the evening of December 23, last, the accused and another girl went to Harewood. and there met a United States serviceman. After some time there, the two young women went into town with this servi'ceman and another. Chief Petty Officer James, said Mr Mahon in his opening address. The group then went to the Central later to Forester’s Hotel. They there met Costa At the Central Hotel. James the accused, and her girl friend met Chief Petty Officer Lawrence Allan Rummage and he went with them to Foresters Hotel. After some time there, the party left for a house at 118 Aidwins road, which Costa and other United States servicemen were renting. At this house, the accused’s girl friend, Marilyn Miles, was sick, and the accused attended to her. The group, except Costa, then left for a house in Rouses road. Aranui, where the accused was staying. They went to a party over the road from this house. Radio Missed That morning. December 24, Costa found that the portable radio was missing from the house in Aidwins road, and he got in touch with the

police. The police saw the accused, and it emerged that the accused had had the radio and had left it with another serviceman in Burwood Hospital. “The accused’s explanation is that when she left the house in Aldwins road she was so much the worse for liquor she did not know what she was doing. After she got home, she found the radio in her room, but did not know how it got there,” Mr Mahon said. Costa said that she did not seem drunk to him, and she did not appear intoxicated to Chief Petty Officer Rummage. Since giving evidence in the lower Court. Costa and Rummage had returned to the United States. The record of their evidence would be read to the jury.

Constable D. K. White read a statement made by the accused. She said that she went with Marilyn Miles to the chief petty officers' club at Harewood from 8.30 p.m to 10.30 pjn. and she had about 24 vodkas. She then went to the Central Hotel, Forester’s Hotel, and the house in Aidwins road, having more vodkas at each. At the party over the road from where she was staying she had more to drink. About 4 a.m. she went home to change into her bathing costume. as they were going for a swim at New Brighton, and she saw the radio beside her air travel bag She played it. “I don’t know how it got there. I must have taken it from the house and put it there. I was too drunk to know what I was doing. I hadn't made up my mind what I was going to do with the radio.” the accused said in her statement. She said that Marilyn had suggested leaving the radio with the United States serviceman in Burwqpd Hospital. Defence Case Mr Blunt called no ■ evidence, and Mr Mahon made no final address. It was unfortunate that the two principal witnesses for the Crown were not present so that the jury could judge the weight to be given to their evidence, said Mr Blunt The prosecution’s -case was full of doubts. The iury might consider that Chief Petty Officer James had taken the radio from the house in Aldwins road, or that Marilyn Miles had taken it. It was Marilyn Miles who suggested leaving the radio with the serviceman at Burwood.

"There is absolutely no evidence that the accused was seen taking the radio. There is no evidence. I submit, that her possession of the radio was unlawful. The United States serviceman could have taken it from Aldwins road, or the girl Miles could have. The accused made a perfectly straightforward explanation I do not think you can doubt that all the members of the group had drunk a considerable amount that night. The accused is the only one who said she had 24 vodkas, but I suggest strongly that there had been a considerable amount of drinking,” Mr Blunt said.