Manslaughter Found By Jury

Press, Volume CV, Issue 30975, 3 February 1966, Page 3

Manslaughter Found By Jury

f.Veu’ Zealand Press Association/'

WELLINGTON, Feb. 2.

After a retirement of two hours, a Wellington jury this evening found Thomas Docherty, aged 24, a storeman, guilty of the manslaughter of Alastair Mclntosh Wilson at the Totara Lodge Hotel, Trentham, on December 20, 1965.

There was a further count against Dochert.” of assaulting Wilson with intent to do actual bodily harm, but before the case went to the jury, and with the consent of the Court, the Crown withdrew this charge. The Chief Justice (Mr H. R, C. Wild) remanded Docherty for sentence. The prosecution was conducted by Mr W. R. Birks, with him Mr M. B. Horton. Docherty was represented by Mr R. Aheron, with him Mr A. J. Ryan. The last Crown witness this morning was John Oubridge Mercer, director of pathology, Wellington Hospital Board. The witness said that as a result of a post-mortem examination which he carried out at the direction of the Coroner he concluded that Wilson’s death resulted from reflex inhibition of the heart caused by a blow to the genital organs. Called by Mr Heron, William Stewart Alexander, a pathologist, of Lower Hutt, said that he was an observer at the post-mortem examination. He said he could not rule out the possibility that the cardiac inhibition from which Wilson died had resulted from the pulling of an overcoat over Wilson’s head, as described by one witness.

Addressing the jury, Mr Heron said that it was not necessary for a blow to be struck for a defence of selfdefence to succeed.

Self-defence, he said, was the temporary disablement of the assailant.

“This case has proceeded

on the assumption that the blow to the groin has caused death. The evidence has not established beyond reasonable doubt that the kick to the groin.was the cause of death,” said Mr Heron. The defence contended that the accused had been assaulted, that he was repelling force by force, and that the force used was no more than was necessary for selfdefence.