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who is old enough to give evidnece and as she was in
hospital with measles when the retrial was held it was
impossible to take her evidence. There was therefore
no direct evidence that the accused threw Michael Pine
into the nullah and that point was carefully impressed on
the jury.
15.
He was very
The defence was that the three elder children,
Mary and Michael Fine and Norman Stone, had been playing
in the nullah leaving the two little ones ray Bromley and
Tony Flood on the bridge, that the three elder children were
carried away by the water whereupon the two little ones
screamed. The accused happened to be crossing the bridge at
that time and was attracted by the screams.
drunk and not understanding what they said and misunderstand-
-ing their their gestures he dropped them over into the nullah
imagining that they wished to help their friends who were
in the water. The accused in his despair had made up his
mind to commit suicide and having assisted the children he
then jumped in himself.
16.
This defence 1 may say did not emanate from the
accused who made a short statement from the dock merely
asserting that he was very drunk and didn't know what happened,
but was put forward by Mr. Lim, the counsel assigned to the
accused, in his address to the jury. it is however in one
detail supported by the statement made by the accused before
the Magistrate I have no money, therefore 1 commit suicide".
On 23rd June the day after the events which I
have shortly described the police visited the premises of
the Swatow Drawn Work Co. in Pedder Street and were there
given a rattan basket which they were told was all the
luggage the accused brought with him. From a dramatic
17.