VERDICT OF NOT GUILTY.

Taranaki Daily News, 21 March 1922, Page 5

VERDICT OF NOT GUILTY.

THE ZAMBUKKA MURDER. JUDGE’S STRONG SUMMING UP. By Telegraph.—Press Association. Gisborne, Last Night. At the Motu river murder trial the Supreme Court was occupied all the forenoon with counsel’s addresses. No evidence was called for the defence. The Crown Prosecutor argued that it was a very carefully planned murder, and commented strongly upon the statement. of accused’s brother that arrangements had been made between accused and his father as to what was to be said in regard to the time accused left home on the day of the murder and the concern accused had shown about the murder. He suggested accused wojild remove as far as possible all traces of the crime. He stressed accused’s statement when giving a penny to Koopu Eruiti: “On account of murdering this man.” Accused failed to account for his movements at the time the Crown said the murder was perpetrated. For the defence Mr. Barnard said affirmatively that accused could not prove his innocence. There was no evidence that accused had been seen in the actual vicinity of the murder. There were no finger prints and no blood stains on the clothing. The evidence of Native witnesses for the Crown was unreliable. There was grave doubt as to the time and date of the crime. If the case for the Crown were correct the shot would have been heard at the time in question as at least two people were not far distant. If the accused told other Natives to clean the guns, why did he hot act on the advice himself? The incident of the penny was merely to get accused delivered from his trouble. The police had brought no evidence as to th? wads used in the cartridge. None of the proceeds of the robbery had been found on accused.

Mr. Justice Reed, in summing up, held that the murder must have taken place i about the time suggested by the Crown, ilf accused committed it he must have changed his clothes after leaving his home. The murder possibly had been committed by a stranger, but the police made exhaustive enquiries, and accused was the only person regarded by the Crown as having failed to properly account. for his movements. No doubt it was accused who gave the message to the Natives to clean the guns. Although accused left the house without a gun it could be inferred he handed one to his brother later in the. afternoon. If the Crown were right that it was a well thought out crime by accused it was unlikely he would be found v.ith any stolen property. The jury must return a verdict in the light of reason.

After an absence of close on two hours a verdict of not guilty was returned.