NEW TRIAL ORDERED

Chronicle (Levin), 13 December 1946, Page 5

NEW TRIAL ORDERED

— Press A.ssoeiation

By Telegraph

WELLINGTON, Dec. 12 Ah appeal by a man convicted ot murder, was allowed b.v the Court of Appeal today aud a new trial was orclered. ' Tlie appeal was that of Ivan Alauford Kahu, of ^M ananui, near Taumaruinii, against his convictioit and sentehce in the Hamilton Supreme Court in February last for the murder of his vvife, Hine Kahu, and a neighbour, Massey Amundsen. Kahu was con\ icted on both changes with a strong reeonimendation for tucre\*. He appealcd to the Court of Appeal under its new criminal jurisdiction, 011 the grounds of the mis direc'tion of the jur.v by the trial judge, aml asked either for a new trial or that a verdict of manslaughter be substituted for that of murder. After reviewing the case in the Supreme Court, the judgment statcd: "ln evidence in this case tliere was matter Iit for consideratiou by the jur.v which might have been he.ld by them to raise a doubl as to whelher the homicides were murder or manshuight er. Both or either of the verdiets ot murder niay have been given in the belief that a verdict of murder was the proper verdict if it wjis not clear whether the oll'ence was murder or manslaughter. Therefore, the verdiets of murder cannot stund." The judgment added tliat perusal of the record -of evidence given at the trial of Kahu in Hamilton last February, did not suggest any respect in which there was the d^inger of a miscarriage of justice owing to tho absenee of witnesses or deterioration of testimonv if a new trial shouid he ordered. It appeared quite impossible to sa.v that a new jur.v, correctl.v understanding all qucstions as to tlie burden of proof, might not announce themselves as astislicd that the liypotliesis of manslaughter was deJinitel.v excluded as to both or either of the homicides. •.This, coupled with other matters, iridicated that the projier course was to direct a new trial. The Court of Appeal consisted of the Chief Justice aud .Justices Kenned.v, Callan and Finla.v.