THE CHINA MAIL, JUNĖ 24, 1988
DRAMATIC CLOSING STAGES OF TRIAL
1 CASE REGARDING MOTIVE
regarding tho
(Continued from Page 4)
I was officer, and that his chances of proma-position.
compromising, D'Almada. tion had been jeopardised by his being
Two rounds of ammunition There was no evidence to show that found in accused's locker.
were found in a compromising position by Dickinson ever threatened
to report Dickinson. It was alleged that he con- accused. Every threat uttered by ac-munition which killed Dickinson was Counsel submitted that the am- ceived a desire and plan to get rid of cused was coupled with the unfair not taken from accused's locker and Dickinson by shooting him.
treatment meted out by Dickinson.
Counsel urged that
did not come from Dwyer. If Dwyer The whole of the Crown's case re-phreys' evidence was accepted or not, would have thrown the unused am- whether Hum-had planned to kill Dickinson, ho garding the motive was based on cer
the Crown had failed to prove the real munition overboard together with the tain alleged facts, added Counsel, and motive. There was no evidence the only witness produced by the support the Crown's submission
rifle, suggested Counsel. Crown in support was Humphreys. there was sufficient motive for such a Humphreys, declared Mr. D'Almada, serious crime as accused was charged made several contradictions in his evi- dence.
At the Inquiry on board the Dorse! ahire, Humphreys stated that two or three minutes elapsed before he follow ed Dwyer to the Boys' Locker, flat and found Dwyer naked. Five minutes later, Dickinson appeared, when Dwyer was wearing a tropical singlet.
with.
to
that
pointed out that all, witnesses had Referring to the overcoat, Counsel, stated that they attached no import- once to the coat when they saw it. Could the witnesses be so observant to notice that buttons were missing at it? asked counsel. when they had only a casual glance
of the Inquiry when accused himself They all for- got about the coat until the last day mentioned it. view of the importance of the case, Was Mr. D'Almada submitted that
the jury could not be satisfied that the coat which Dwyer brought down was the one which was seen.
NO SECRECY Referring to the bullets which ac- cused was alleged to have shown a witness, Mr. D'Almada pointed out that there was and the person to whom the bullets no secrecy about it were shown was not even cautioned. It was a plain open' statement. In giving evidence later, Humphrey, this consistent, asked Counsel, with stated that he followed Dwyer in two the conduct of a man who was plan or three seconds, and that Dickinsonning to commit a murder. Would a came immediately afterwards and man openly advertise that he was go found Dwyer naked.
ing to murder a person as the Crown wished to make out?
box,
now
When questioned in the witness Humphreys made an entirely
The jury was fully entitled to ac- statement on what took place in the cept the evidence of such threats if mess room. He told the Court that by accident, accused revealed his in- after he shouted and Dickinson ran tention of getting rid of Dickinson by away he (witness) struck some mat-shooting him, Counsel added. ches as Dickinson dived under a mess table to escape.
Mr. D'Almada submitted that the evidence of Humphreys could not be believed, that the evidence was safe to accept.
not
like
in
OTHER POINT OF VIEW point of view.
"Let us look at it from the other we do accept this evidence and that Let us assume that there was which Dwyer left there was the one no doubt that the coat
which was brought down. Would Dwyer have volunteered the informa- lieve. gentlemen, that Dwyer tion about the coat? Are you to be- ine back for the coat.
was go-
mind it was with the object of re- "If he did go back with a guilty
you see, up to that time no-one had moving any trace in the booms. But
Threats, continued Counsel, those mentioned must be taken their face value, as they were taken at by the men who heard them on board the Dorsetshire.
Replying to the Crown's contention COMPROMISING POSITION Referring to the compromising posi- that 150 men sleeping on the deck all of opportunity, Counsel. pointed out tion in which Dwyer was alleged had the same opportunity. Several of seen him with a coat. There was 'no have been found by Dickinson, Coun them saw Dickinson sel pointed out that if Dickenson want-cused was not the only man who had was connected with it.
sleeping. Ae-evidence up to 4 a.m. to show that he ed to report Dwyer he was bound report Humphreys also. The Crown's case was that the motive arose out of
THE BULLETS Dickinson taking advantage
Regan had stated, said Counsel, of his that accused had said that he position and knowledge, gave accused three rounds of ammunition.
had hard jobs to do. If, pointed out Coun-stated that accused said he had
Morris sel, Humphreys' evidence was accepit rounds, one for Dickinson and
two ed. why should accused be afraid
of for himself.
one Dickinson reporting him? He himself Morris's statement.
One witness supported was safe in the knowledge that Dic-I must be attached to this by both the Great importance kinson was in the same position as he Crown and the defence, added Mr.
to opportunity.
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"If he removed the coat what does he do with it? Does he hide it?"
"No. He comes into the recreation space quite openly carrying the coat and throws it on an emnty space.
"FINAL TEST" "A final test. the coat to connect Dwyer with it. If in mentioning the Chinese was to es-
There is nothing in
Crown say it was, to cover the rifle, Court of Inquiry, the Court made that coat was taken by him, as the tablish
an alibi. Actually, in would it not have been perfectly great deal of this fact, Dwyer didn't. safe for him to have left it there as I suggest that it was not Dwyer who it could not be traced.
The fact that it was a warm night it was the Court themselves.
was treating the Chinese as an alibi, rive rise to suspicion regarding cont at all. The oilskin, however, was learned of the murder from Murphy at "Dwyer, if the story is true, first oparue and could not be seen through. 2 a.m. Later on, he professed ignor-
There is evidence that it started to ance. rain.
Is it not reasonable to expect There is evidence that Dwyer that Dwyer, as a man of intellegence, went down to get a coat, there is the might realise, in view of the threats evidence of a man named Allsopp: he had made, that suspicion might be "I came on duty and was mustered thrown on him and adopted a line,
a
on the starboard side and Gibson said which I submit, gentlemen, that you, "Let me have vour oilskin."
-
under similar
circumstances, might have adopted yourselves.
KEEN RESPONSIBILITY
EXCHANGE OF OILSKINS "There is a suggestion that there "I put it to you that no part of the was an exchange. of oilskins. Dwver evidence was in that muster. He did not feel vive the test.
you have heard would sur- the need of any covering until he went on deck. He knew he was re- In conclusion, Mr. D'Almada apolo- lieving Gibson. He was оп deck gised to the jury for taking up when Allsopp handed the oilskin over much of their time. "I feel very keen- to Gibeon, he knew that the oilskinly," he said, "the responsibility, as I would be handed over to him.
feel sure you do also, that reats with That burden now passes from me
"Is this evidence consistent only me. with guilt and inconsistent with to you,
a reasonable hypothesis. If this evid- ence is not consistent with guilt and there is nothing else, the Crown have failed to prove 'their case.
"Dwyer dropped his coat to be in a nosition to get it later on when doing tricks; when he went on duty he was ble to borrow an oilskin; is this not a
rational explanation ?
:.
SO
"The other burden rests with the Crown, that, of proving guilt.. Bear this in mind, it is the Crown's duty to prove accused guilty beyond all doubt. "It isn't enough to say that no-one else could have done it; therefore it must be Dwyer.
Are we satisfied on the evidence, that "I must ask you to ask yourselves: DWYER'S MOVEMENTS
Dwyer is guilty?' It isn't enough for "Lastly, I come to Dwyer's subse you to say the probability is very great quent movements. I have already that it is very probable that he did it. touched on this matter when I tioned him being in the bollards try- ing to be sick..
men.
"Other circumstances, suggest that Dwver tried to establish an alibi. You will see from the statement, however that the Chinese is not mentioned with any stress but casually and I submit that he was not trying to establish an alibi. It was just a plain statement of fact: he saw Whyte and he saw Chinese..
the
The importance of this evidence has been stressed far too much by the Crown when they said that the object
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"ENGLISH JUSTICE” "Until you are satisfied. beyond all doubt. Until you can say that the evidence was conclusive; not till then, can you say that Dwyer is guilty.
"Until you can come to that conclu- ion, English justice requires that rather than that one innocent man should suffer, ten guilty men should go free.
I submit, gentlement, that on the evidence, you cannot find Dwyer guilty.
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