CLAIM AGAINST CONSTABLE

Press, Volume LXXXVI, Issue 26122, 26 May 1950, Page 3

CLAIM AGAINST CONSTABLE

ALLEGED ASSAULT IN HOTEL BAR • DAMAGES OF £BO SOUGHT (New Zealand Press Association) INVERCARGILL. May 25. General damages of £75 and special [ damages of £5 6s were sought in a civil action brought against a police constable stationed at Winton. Wil- . liam George Wood, by John McFe*- • rich, in the Invercargill Court to-day. The damages were for injuries suf- . fered by McFetrich when he was al- [ legedly forcibly thrown out of the Winton Hotel by Wood on February 4. Mr L. F. Moller appeared for Mc- ' Fetrich. and Mr J. Meltzer (Wellington) for Wood. Notes of evidence for the Police Department are being taken by Senior-Detective A. W. McDougall. Mr W. A. Harlow, S.M., was on the Bench. Wood’s actions constituted an unprovoked assault, said Mr Moller. On the question of basic law. all that was needed to be said was that the constable was no more free from actions for assault than anyone else. In some instances the police were allowed to use what force was consistent with their duties. If that force was exceeded. a policeman would be responsible civilly to the person who had been assaulted. Mr Moller submitted that there was no duty to be done by the constable which justified ■ him laying hands on the plaintiff. John McFetrich said that on February 4 he went to the Winton rac?s with two acquaintances. On returning from the races he entered the back bar of the Winton Hotel with them, and had six or seven medium beers. Shortly after 6 p.m. he heard the proprietor of the hotel come into the bar and say: “Come on now. boys.” When he heard the licensee speak, he looked over his shoulder and saw Constable Wood standing near him. McFetrich claimed that he then looked at his wristlet watch, and it was his intention to suggest to his companions that they leave. He alleged that he was then thrown-out of the door into the backyard bv the constable. “From the time I heard the licensee speak until I was thrown out I had not said anything.’’ McFetrich said. He found himself lying in the yard. He was feeling dizzy and there was blood coming from his lip. A friend | and Constable Wood assisted him io ' his feet. McFetrich sgid that Con- | stable Wood asked his companions to take him to the street while he got his car to take him to a doctor. It was also alleged by McFetrich that Wood said in the backyard: “I’m sorry this happened, Jock.” Stitches in Lip When the party arrived at the doctor’s house, Wood took him and asked the doctor to fix his lip. McFetrich added. The top of his lip. he said, was badly split and the doctor put several stitches in it. The swelling lasted for nearly a week. The lip pained and was sore for 10 days. The gum portion of his top denture was broken nearly all the way around. Wood asked him the next day how he was feeling, McFetrich. continued. He alleged that Wood then said: “I’m very sorry. Jock, that this happened. It should never have happened.” Wood then suggested that they shake hands and that was done. Cross-examined by Mr Meltzer, McFetrich said he was not drunk when the incident happened. Mr Meltzer: If Wood says that after having warned you three times he then turned you the door, would you agree with that? McFetrich: He turned me, but he threw me out. Questioned by the Magistrate on his allegation of being thrown out. McFetrich said that the constable's actions were so sudden that he was “just shot out of the door.’’ lan Hamilton Bourke said that after Wood had spoken in the b*r. one of his companions left. McFetrich. who had his back to Wood, was grabbed by the upper arms by him. turned c.round and thrown out of the dooi. McFetrich was lifted off his feet by the constable and went out of the door quickly. Bourke claimed that wh.r-n McFetrich was thrown out of the door he landed on his face. He went out and helped McFetrich to his feet. When Wood came out there was blood coming from McFetrich’s face. Wood apologised to him then and again in the surgery. Mr Meltzer: You say that Wood threw McFetrich out?—Yes. Evidence was also given by another of McFetrich’s companions in the bar. Raymond James Gullick. The Court adjourned until to-mor-row.