GUILTY OF MANSLAUGHTER

Manawatu Herald, Volume XLVIII, Issue 3675, 6 August 1927, Page 2

GUILTY OF MANSLAUGHTER

DEVA IvALA GETS 20 YEARS,

JURY’S LENIENT VIEW.

Deva Ivala, an Indian chef, who was charged with the murder of William John Barrett at Pahiatua on June 4, was found guilty of manslaughter at the ‘ Palmerston Supreme Court yesterday and sentenced by Mr. Justice Reed to imprisonment with hard labour for twenty years.

Prisoner was first brought up for trial on Wednesday, but the jury could not agree. A new trial was held yesterday, when evidence on similar lines to that given during the first hearing of the case was heard. The case for the Crown was conducted by Mr. F. H. Cooke, while Mr. F. D. McLiver, of Auckland, appeared for accused After a trial lasting all day the jury retired at 0.15 p.m., returning with a verdict of manslaughter two hours later. \ An eloquent appeal for leniency on behalf of prisoner was made by his counsel, who stressed the fact that the jury, by returning a verdict of manslaughter, had expressed the opinion that there had been sufficient provocation to deprive any ordinary person of the powers of self-control. Counsel also stressed the fact that Ivala had, until now, borne an unblemished character. He referred to a similar ease in Auckland, where a prisoner was sentenced to seven years’ imprisonment and appealed to His Honour to show as much leniency towards Kala as it was possible for him to show. “I think the jury have taken a very lenient view of the facts in this case,” remarked His Honour, in sentencing prisoner. “The facts appear to me to point to murder, but the jury has reduced it to manslaughter. In spite of counsel’s remarks I am unable to agree that any man is justified, because he has been called terms of this sort, in using such an instrument in killing another man. If a man were justified in killing another man because language of that sort had been used, then it would be a very shocking state of affairs. I lose sight oT the fact that you are an Indian. I know something about the life of Indians in Fiji, where three or four murders have often come before' the Court at the same session. On 1 one occasion there were no fewer than six murders during one session of the Court.

“I think it will be necessary forme to take that into consideration in order to give warning to your countrymen that they are not to be allowed to take life in this manner. It will be necessary for me to impose an exemplary sentence upon you. You will be sentenced to 20 years’ imprisonment with hard labour.”