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arthe sam
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down the nullah elose behind Michael and Mary Pine and Norman Stone. trere becing washed dorm
(f) that the Appellant was in the tunnel and resisted
being taken out.
(8)
that documents (ex. 7a, b & c) were found in the
Appellant's basket, that the translation of one of which
(Ex. 7a) read :-
"He who dares to kill the European will
be a great hero.
Please be a righteous
and brave man who will be a great here"
and,
(h) the fact that the Appellant was in a depressed
state of mind on the day in question and apparently attempted
to commit suicide.
This evidence shows the Appellant had both the
opportunity and the motive for committing this crime and the
fact that he was seen to have thrown two of the children from
the bridge into the nullah and was observed being carried by
the current down the nullah at the same time as Norman Stone
and Michael & Mary Pine were being carried along it, leads
one irresistably to the conclusion that all five children
and the Appellant entered the nullah at approximately the
same time.
The defence admitted that the Appellant threw or
dropped tony Flood and Fay Bromley into the nullah but
suggested that the other children either accidentally fell
from the bridge into the nullah,an or that they climbed into
the nullah and then accidentally slipped into the water.
We think it to be too great a coincidence that the
other three children should have accidentally fallen into the
nullah at the same time as the Appellant threw Tony Flood and
Fay Bromley into the water.
We therefore consider the verdict not to have been
against the weight of the evidence.
We now come to the questions of fact,