"ALLEGED ASSAULT."

Auckland Star, Volume LVIII, Issue 41, 18 February 1927, Page 5

"ALLEGED ASSAULT."

CHARGE against constable

jCAOKI CLAIMS DAMAGES,

A DISLOCATED SHOULDER

_yi e gations of violent maltreatment were levelled against a member of tlie \ e w Zealand police force in an action for damages brought before Mr. Justice gerdman and a jury of four in the gupreme Court this morning. The action was brought by Maaku puma, labourer, of Mangatangi, near Jfercer (Mr. R. A. Singer and Mr. Bryce Hart) against George N. Douglas, police constable, stationed at Mercer (Mr. J. •p W. Dickson), who claimed £150 damages, £7-3 for loss of wages, and £5 5/ special damages, for alleged maltreatment.

Lost His Temper. Mr. Singer said the plaintiff was a Jlaori who had earned his living as a bush feller and labourer. The claim for damages was for violent assault. On October 26, 1925, Purua, who was over 60 years of age, left his home and journeyed lo Mercer. There he met some friends and entered an hotel, where he had a few drinks. Upon emerging from the hotel he was accosted by the defendant and asked about some debts of his with * local storekeeper. The plaintiff replied that the matter of his alleged debts was in the hands of his solicitor and that it was no business of the constable's. The defendant then seemed to lose his temper »nd seized the plaintiff and threw him to the "round. Be struck him on the side of the face, kicked him on the side, knelt on his chest and twisted his arm and his leg. A lady who witnessed the affray was so overcome with what she laid was violent conduct that she aereamed. The defendant then rose from the plaintiff, and the iatter said he was injured. The defendant said he wag g liar and took him to the lock-up. No attempt was made by the constable to get a doctor, but a friend gent to Pukekohe for Dr. Begg, who arrived an hour later and found that the plaintiff was suffering from a dislocated shoulder. The plaintiff was still sufferjrg from the effects and, to a certain extent, would be permanently affected. The plaintiff was charged the next day with drunkenness and the Magistrate dismissed the ease. At the sitting the defendant and his soh gave evidence, so there was the double offence in arresting the plaintiff when he was not drunk and in using violence, the results of which were still felt by the plaintiff.

Dr. A. T. Begg, of Pukekohe, gave evidence of the injuries sustained by the plaintiff, which, he said, were such that Purua would be affected for some time if not permanently in some respects. Dr. K. Mackenzie, on behalf of the defendant, said he had examined the plaintiff. In his opinion the man was in the same condition that was to be expected in the case of a dislocation after such an elapse of tune. There was an appearance of some loss of muscle on the shoulder blade, but he did not think there was any paralysis. There might be a certain amount of weakness remaining, and work requiring special movements could not be undertaken. The plaintiff's evidence followed the "ines of his counsel's opening.

(Proceeding.)