GUILTY OF ARSON

Gisborne Herald, Volume LXVI, Issue 20083, 1 November 1939, Page 10

GUILTY OF ARSON

PROBATION FOR FARMER SEASIDE BACH BURNT (iVr Press Association-) ' NAPIER, this day. Found guilty of committing arson, Albert Benjamin Kemp, aged 45, Haumoana, was admitted to two years probation by Mr. Justice Blair in the Supreme Court at Napier yesterday. In returning its verdict after a short retirement, the jury made a strong recommendation to leniency. On a second charge of committing mischief, Kemp was found not guilty.

The indictments arose from the burning down of a seaside bach at Kairakau Beach, near Waipawa, on or about September 4.

The case for the Crown was conducted by Mr. H. B. Lusk, and Mr. E. T. Gilford appeared for the .accused.

Mr. Lusk said that the land on which the cottage was erected had been leased for 10 years freyn a Maori in 1929 by the father of the accused. The area had been fenced off when the bach was built by Kemp’s father. It was attached to the soil by piles’ and concrete.

Higher Rental Asked

Some two years ago the rights of the property had been transferred by the father to the accused. Several months ago the accused approached the native owner with a view to securing an extension of the lease. The Maori had asked for an increased rental, which Kemp was not prepared to pay. They were unable to reach an agreement and, when the lease expired. the land and the building affixed to it became the property of the owner.

According to the accused’s own story, he had wilfully set fire to the buildings because he did not like the Maori getting them for nothing, continued Mr. Lusk. There was no lawful justification or excuse for such an action. It was a clear case of arson. He alleged that the acussed claimed he thought the lease gave him a legal excuse to burn the place.

It was not a crime to set fire to one’s own building, said Mr. Gifford. In this case the mere fact that the building was nailed to piles was the only thing that made the accused liable to a charge .at all.