PIHA CASE

Wairarapa Times-Age, 25 May 1939, Page 8

PIHA CASE

HEARING OF EVIDENCE COMPLETED POINT RAISED REGARDING CONSPIRACY. QUESTION OF JURISDICTION. (By Telegraph—Press Association.) AUCKLAND, This Day. When the Piha hearing was continued, Detective-Sergeant Trethewey was still in the box. Mr J. Terry completed his cross-examination with half a dozen questions. Mr V. R. Meredith recalled Mrs Hearling in order that the notes of evidence might be corrected. Witness said that on the Saturday afternoon after the two accused had departed, a sack was left behind, but a bundle had gone. Mr W. Noble: “Why didn’t you say that in the Lower Court?” Witness: “I must have forgotten.” Mr Noble: “You see it is important, because that sack had diatoms on it.” — “So I believe.” Detective-Sergeant Aplin gave evidence corroborating, in the main, that of Detective-Sergeant Trethewey. After a brief cross-examination by Messrs Noble and Terry it was announced that there was no further evidence to call. Mr Noble said he had no evidence to call, but proposed to ask his Honour for a ruling as to the jurisdiction of the Court to try the third charge—that of conspiracy. Quoting authorities, counsel submitted that conspiracy began and was completed at the moment an agreement was made. If there was any conspiracy in this case, it was committed in Australia. It was absurd to suggest that they came 1,200 miles from Australia and did not agree what they were going to do here until they arrived. Mr Meredith held that the parties to a conspiracy were still conspirators after the agreement to conspire was made. There was considerable legal argument on this question. (Earlier proceedings are reported on Page 4.)