BENEFIT OF DOUBT

Sun (Auckland), Volume II, Issue 486, 16 October 1928, Page 1

BENEFIT OF DOUBT

BROTHER EXONERATED RODE IN STOLEN CAR The fate of James Russell, a baker, aged 26, who has appeared three times at the Police CouK during the last two weeks to answer charges connected with a car which was taken from Fort Street on September 27, was decided this morning. Russell, with his twin brother, was found guilty and sentenced to three months’ imprisonment when the case was first heard on September 28. Mr. Allan Moody applied for a rehearing, and the case was again before the Court last Monday week, when Mr. F. K. Hunt, S.M., reserved judgment, while intimating that Russell would not have to serve a term of imprisonment. This morning the magistrate delivered his judgment. “I have carefully read the cases submitted by both sides,” he said, “and there is no doubt that it is now a question of fact. The first time Russell and his brother came before me the evidence showed that both were in it. The evidence brought at the rehearing, however, altered tho circumstances, and the question I had to consider was whether or not James Russell was guilty of aiding and abetting. I have had to eliminate the evidence brought at the first hearing. Russell’s statement that he was not present when the car was stolen has been corroborated. He has told a highly improbable story; in fact, I did not believe it. I must base my decision on evidence of what occurred when the men were accosted in the car, and the subsequent events at the police station. The evidence of the sergeant who took Russell’s statement was not before the Court at the first hearing. Accused’s conduct was strange, but it is possible to put an innocent interpretation on it, as he may have stuck by his brother. I have a great doubt but have exaggerated my opinion to give him the benefit of it. “He has been put to great anxiety and expense, so I shall dismiss the information against him.” Sub-Inspector McCarthy: In that case there would be no use in bringing a charge against “Leo,” the third occupant of the car. Mr. Hunt: That is so. It would be useless to go over the whole thing again.