ARREST OF SHIP’S ENGINEER

Press, Volume LXXXIX, Issue 27201, 19 November 1953, Page 9

ARREST OF SHIP’S ENGINEER

BENCH DISMISSES CHARGES ACCUSED’S ALLEGATIONS, AGAINST CONSTABLE Charges of drunkenness and using obscene language, made against Robert Carlton Shaw, chief refrigeration engineer of the overseas ship Hororata, were dismissed in the Lyttelton Magistrate’s Court yesterday. Messrs T. A. Mahar and F. H. Heal, Justices of the Peace, were on the Bench. In evidence for the defence it was alleged that the accused was assaulted by the constable who arrested him. Constable G. S. Harrington gave evidence that at 11.10 p.m. on Saturday he heard the accused use obscene language to two women. He arrested him for drunkenness and for using obscene language. The accused was with three other men.

To Mr J. R. Woodward, who appeared for the accused, Constable Harrington said he was on the opposite side of the street to the men. He heard the accused shout the language in a loud voice. He placed his hand on the accused to confirm the arrest. The accused at first pulled away, but later came willingly. The accused was just capable of walking. There was some “pushing and shoving” when the accused was first arrested. The accused fell at the door of the police station, but not in the street. The witness denied that he had spoken offensively to the men.

t watch -house keeper, Constable J. Clarke, said in evidence that in his opinion the accused was drunk. Detective T. Thompson, who entered the watch-house during the searching of the accused, said that Shaw was unsteady on his feet. Accused’s Evidence ..Giving evidence, the accused said that he had been aboard the ship with two others, Storey and Moffat. All three were instrumentalists and they had had a musical evening. From 7 p.m. until 10.30 p.m. they had consumed from five to seven bottles of lager beer among tljem. They left the ship to go to a dance. When they met the women one of the others asked them where the dance hall was, but the women did not reply. He, Shaw, who was behind the others, said to the women, sarcastically. “Are those two gentlemen annoying' you?” He then said to his friends, “Oh, come on.” Constable Harrirtgton then rushed across the street and struck him on the chest. He fell, or sat down. When he got up, he said, Constable Harrington pushed his arm up his back, and spoke about “Pommy h s.” When Storey said they would all go to the police station Constable Harrington struck Storey in the eye. At the police station, the witness said, he was struck several times across the head and face. Evidence was given by John Harry Storey chief electrician in the Hororata, that Constable Harrington had come across the road at a trot and struck the accused on the chest. He heard the constable use the expression about “Pommies.”

Mr Heal said that the Bench considered that Shaw was not sufficiently drunk to justify his arrest, and the charge would be dismissed. On the charge of using obscene language, Shaw be given the benefit of the doubt, and that charge would be dismissed.