Unlawful Killing Charge
p. 17 · Read in the full issue
Kicked Native
N.G. Overseer Not Guilty On Unlawful Killing Charge
From Our Own Correspondent RABAUL, March 30.
T>OBERT Eustace Emery appeared before the Supreme Court recently charged with the unlawful killing of a native in February last. Mr. Maunsell Turner appeared for the prosecution, and Mr. Andrew Kelly for the defence.
The case for the Crown was that the accused had unlawfully killed a native, Wisan, whilst employed by the Markham Valley Produce Co. carrying stones dur ing building operations near Lae. Evi dence showed that the deceased native had disobeyed orders, and the accused had assaulted him. Shortly afterwards Wisan collapsed, and subsequently died.
The cause of death was a ruptured spleen. The medical evidence showed that the deceased’s spleen was five times its normal size and was very friable.
Further evidence showed that the accused was wearing light sand shoes when the alleged kick took place.
In summing up the Chief Judge re marked that there was no sign of brutality or that the kick had been res ponsible for the native’s death. The deceased had been employed on heavy work and, according to the medical evidence, the spleen could have been ruptured by a fall or a sudden twist of the body. The accused could have been convicted of a minor offence, but on the charge of unlawful killing His Honour brought in a verdict of not guilty.