Share Found Guilty of Indecent Assault

Sun (Auckland), Volume III, Issue 816, 9 November 1929, Page 6

Share Found Guilty of Indecent Assault

MERCY RECOMMENDED JURY OUT FOUR HOURS Deliberating for practically four hours last evening, the jury convicted the Indian doctor, Balder Singh, Share, of indecent assault on a young woman patient whom he examined at his city consulting rooms on September 26. Share was recommended to mercy, however, because the jury believed him to be a sexual pervert. The prisoner is to be sentenced on Monday morning. rpHE trial excited wide public interest in its two days’ duration, tlie jury being sent out shortly after live o’clock yesterday to consider its verdict. "In New Zealand the public generally, with good reason, has unbounded confidence in the integrity and honesty of members of the medical profession," declared Mr. Justice Herdman in summing up. He pointed out that breaches of honour were very rare. The judge invited the jury to determine the character of the young woman and whether it considered her a truthful witness. In directing the jury’s attention to the improper remarks made by Share to the young woman, his Honour also stated that some of the photographs, if shown to the young girl, were scandalous and shocking beyond expression. The jury must consider whether any decent human being would show some of the pictures, which Share had admitted doing, to a respectable girl. His Honour referred to the introduction of Dr. Brockway’s name into the case, stating that he considered this medical man had nothing to do with the case at all.

Retiring at 5.10 o’clock last evening, the jury returned about 3 o'clock, the foreman announcing: “We find the prisoner guilty as a menace to society.” His. Honour confessed he did not know what the verdict meant. “The verdict must be guilty or not guilty," the judge told the jury.

The foreman stated that after considerable discussion the jury -had decided to submit the verdict in that form. Further deliberation would be necessary if the verdict was not accepted in that form. Asked for his opinion, the Crown Prosecutor, Mr. Meredith, said the verdict must be one of guilty or not guilty.

His Honour concurred in this view. Mr. Singer: As counsel for accused, it is obvious I must feel this, and 1 must place before the court that if this man is a menace to society he may be

“That is not the point,” interjected his Honour. “The question is what does this verdict mean. It is a matter of law.”

“It does not seem to me to be a verdict at all,” remarked Mr. Singer. The judge then directed the juty to retire again, and a quarter of an hour later it returned to announce a verdict of guilty, with a recommendation to mercy, as the jury was of opinion that accused was a sexual pervert.