ALLEGED ASSAULT

Ashburton Guardian, Volume 67, Issue 159, 18 April 1947, Page 4

ALLEGED ASSAULT

TRAINER OF EMULOUS IN COURT DISMISSAL UNDER SPECIAL SECTION Invoking the special powers under Section 192 of the Justices of the Peace Act, Mr G. G. Chisholm, S.M., in the Magistrate’s Court at Ashburton this morning, dismissed two charges of assault brought against Walter Kaye Tatterson, trainer of Emulous, the outstanding performer at the recent, meeting of the Metropolitan Trotting Club. Tatterson was charged with assaulting Henry Arthur Craig and Alister Lindsay; Kerslake, by striking each on the face, at Rakaia on April 10. He pleaded guilty to both charges. Constable A. J. B. Adams, of Rakaia, who prosecuted, explained that the two complainants came to him and stated that Tattereon had assaulted them. Each had suffered obvious injuries. They stated that, when delivering meat, they were travelling by truck, and the lights had shone on Tatterson at a railway crossing. Later Tatterson had called on Craig and accused him of deliberately shining the lights on him. When Craig denied this, Tatterson called him a “ liar” and committed the assault. Kerslake tried to separate them, and was also assaulted. The assaults were vicious and totally unprovoked. Tatterson called on him next day, continued the constable, and expressed regret at the occurrence, saying that lie liad had a number of drinks, and had been under the impression that the lights of the truck were deliberately shone on him. Mr W. R. Lascelles, of Christchurch, appearing for Tatterson, said that defendant had been under a severe strain in preparing Emulous for ijs races. On the day of the fracas be came home and found that one of his family was ill. Earlier he had had some gins and small beers, and'altogether was in a very worried and distraught state. He had been waiting at the railway crossing for a train to pass, and was joined there by a very reputable woman, who liad eight children, and she was discussing the races, when the truck came along, and it seemed to defendant that the lights were deliberately shone on him. He considered this a deliberate impertinence, and, in bis worried state, had completely lost his temper when lie saw the men later. Next morning lie had apologised to the men and exressed regret to the constable. Serious Effect of Conviction Counsel went on to point out that a conviction would have a serious effect on defendant’s career, and probably would lead to his disqualification, so ending the career of a liorse wliicTi was practically a public idol. An important factor was that the men concerned in the assault now greatly regretted ever informing the police, and there was no feeling towards defendant, as they realised he bad been labouring under great stress at the time. Defendant fully realised his error, and was prepared to compensate the men for what he) liad done. If a conviction was entered, the penalty on the defendant would be out of all proportion to the offence, in view of the probable far-reaching consequences. The Magistrate agreed that there were special circumstances in the mat- j ter, and that defendant’s attitude ap-, peared to indicate that he fully realised what he had done. Constable Adams mentioned that another trainer was previously convicted of assault, and yet his licence was not cancelled by the Trotting Conference. “Surely they would run true to form in this case?” lie suggested. Mr Lascelles. stated that lie liad made inquiries regarding the present iiase and had been informed that disqualification would be automatic. Use of Special Powers Urged He went on to suggest that the spe- j cial powers of Section 192 of'the Act should be invoked. Under this provision, which provided for exactly such cases as this, the information would be dismissed provided that defendant compensated the. men injured for the damage caused them. “Every aspect of the case shows that the trouble arose over a misapprehension, and the fact that defendant was not himself,” added counsel. “Nobody more than the men assaulted regrets that the whole matter lias been ventilated in court.” The Magistrate agreed that defendant obviously acted under a strong sense of provocation, and that he had afterwards admitted his error. If lie were deliberately held in car lights under such circumstances, there might have been cause for some annoyance. “I am giving full account for the attitude of tlie men assaulted,” continued Mr Chisholm, “for they appear not at all anxious that tlie matter I should have been pursued. I am not belittling the assault, which was brutal, but there are tlie special circumstances surrounding the whole case.” The Magistrate said that, under Section 192, lie would order defendant to pay £2 to each of the men assaulted and 10s for their expenses in attending tlie court. Providing this payment was made, the charges would be dismissed.