JURY’S TASK

Sun (Auckland), Volume 1, Issue 45, 16 May 1927, Page 12

JURY’S TASK

THE LEANING CASE A SECOND TRIAL OPENED THIS MORNING The jury being unable to come to an j agreement when the case was heard i early last week, Ernest Edwin Lean | mg again appeared for trial at tne | Supreme Court this morning on two j charges of indecent assault upon a youth. His Honour Mr. Justice Herdman presided. Mr. A. H. Johnstone and Mr. G. P. Finlay appeared for the accused, and Mr. V. R. Meredith for the Crown. Addressing the jury, Mr. Meredith outlined the incidents leading up to the alleged offence. Quite properly, said prosecuting counsel, the young | man in the case reported the matter i to the police and then visited Leaning's shop, as requested by accused, on the following night, but accompanied by Detective McWhirter, who waited outside the door. On that occasion it was alleged that another assault w-as committed. Accused was taken to the police station where he made a statement in which he admitted, that with one exception, the statement given by the young man in question was correct. Counsel contended that accused was a man of sufficient intelligence to appreciate the necessity of giving a full and satisfactory explanation at the time, if it was possible to do so. Evidence on the lines of that given at the first trial was given by the witness concerned, a young man 23 years of age. To Mi-. Finlay the witness stated that the incident occurred near the door, but he was not prepared to sa.v whether the detective could or could not have seen the alleged offence through the glass door. Previous to coming to New Zealand, witness stated that he had served in the Coldstream Guards at the age of 17 years. On the evening of March 25 witness had "four halves.” Mr. Finlay: Four halves? Witness: Yes. That’s two drinks. DETECTIVE EXAMINED Evidence as to the statement made by the accused was given by ActingDetective McWhirter. He said that the previous witness was quite sober and accompanied witness and accused to the police station. Leaning there made a statement which he duly signed as being correct. Later, ~wheu he was arrested, accused said “I suppose 1 will have to pay for my mistakes.” To Mr. Johnstone: Witness had been in the detective force for three years. The reason why accused was not immediately arrested upon receipt of the complaint was that further identification evidence was required. When he went to the shop he saw the previous witness meet Leaning and go into the shop and also saw the lights go out. He was quite certain that from the footpath witness could not see into the shop. Witness stated that Leaning did not ask for a solicitor. If he had asked for a copy of the statement he could have had one. Mr. Johnstone: In putting the words "I have read this over and it is true” on the statement, did you dictate them to accused? Witness: Accused wrote them. Mr. Johnstone: Answer my question! His Honour: Witness is trying to answer but you won’t let him. (Proceeding.)