BOARDS ACTION CRITICISED

Press, Volume LXXIV, Issue 22591, 22 December 1938, Page 7

BOARDS ACTION CRITICISED

"COURT WILL NOT BE SUPERSEDED"

WORKMAN WHO THREW HOT TEA AT ANOTHER

"Once before we had to object to the department about this sort of thing. The Court will not have people superseding it and prejudging 'she matter," said Mr E. C. Levvey, S.M., in the Rangiora Magistrate's Court yesterday, when it was brought to his notice that a workman charged by the police with assault had already been punished by the board which employed him. The accused was Eric Thomas Shilton (Mr H. K. Kippenberger), and the charge was that on November 24 he assaulted another workman, Charles Cross, at Oxford, by throwing hot tea over him. The Magistrate's comment was made when it was shown that accused had been suspended for six weeks by his employers, in spite of it being known that the police were taking action. Accused was one of a gang of 10 men engaged in clearing one of the Waimakariri-Ashley supply water races, said Constable R. C Drummond, who conducted the case for the police. There had been a certain amount of rough play among the members of the gang, said the constable, the rough play consisting principally of throwing water, splashing by throwing stones in the race, and in one or two cases of pushing each other into the race. Other "little pleasantries" had been indulged in, he added. On the afternoon of the alleged assault, Oonstable Drummond said, the men had finished tea, and there had been a "little bit of by-play" between Cross and accused. Each said the other had thrown water. Apparently accused must have lost his temper suddenly. He picked up the billy and threw the contents at Cross. Cross had been badly scalded and was quite unfit for work, and had been ordered by a doctor to hospital, where he stayed for six days. He spent another week recuperating before going back to work. In that time, medical expenses and loss of wages exceeded sustenance by about £9. A . Accused had meanwhile been stood down for six weeks, the constable said. The Magistrate: So he's been punished already?— Yes. The Magistrate: Why did they do that when they knew the police were handling the case? The Court has practically been superseded by what has been done. They have no right to prejudge the matter. Shilton considered the incident only "horseplay," said Mi? Kippenberger. The tea had been finished for some 10 minutes, and he did not know that hot water had been added. Shilton, moreover, had been severely punished and under the circumstances would not even be able to get sustenance during the six weeks. The Magistrate: Horseplay invariably leads to trouble when it is carried a little too far. It appears to be one of those cases. I will order Shilton to come up for sentence if called on within six months, a condition being that he pay £5 as reparation, as directed by the Probation Officer.