DISMISSAL OF CHARGE

Press, Volume LXXXIX, Issue 27213, 3 December 1953, Page 5

DISMISSAL OF CHARGE

SEQUEL TO ARREST AT LYTTELTON

MAGISTRATE ALSO ASKS FOR INVESTIGATION

“There is a conflict of evidence here which clearly calls upon the Court to dismiss this charge,” said Mr Rex C. Abernethy. S.M., in the Magistrate’s Court at Lyttelton yesterday, when he dismissed a charge against Charles lan Goddard, aged 37, a cargo superintendent, of being drunf in Norwich quay. The Magistrate, referring to charges of ill-treatment made by Goddard against Constable G. S. Harrington, who arrested him, said: “I make no comment whatever. Serious allegations have been made against the constable. These charges should be the subject of an investigation instigated by the proper authority, both in fairness to the defendant and to Constable Harrington.” Constable Harrington gave evidence that shortly before midnight on November 14 he had seen a group of two men, one of whom was Goddard, and two women outside the door of the Mitre Hotel. He thought they were trying to get in to get liquor. He asked them what they were doing in the doorway. Goddard said, “What the hell has it got to do with you? You have no right to speak to us.” Goddard, he said, did not tell him that he lived at the Mitre Hotel until they arrived at the police station. The girls said that they were living at the hotel. Witness Cross-Examined To Mr W. F. Brown, who appeared for the accused, the witness said that Goddard was standing erect at the doorway and was not making a disturbance. He appeared to be having a normal conversation with the girls and with the other man. He was very unsteady on his feet when he came out of the doorway, and was abusive. He had to be helped along the road after the witness arrested him. Mr Brown: Did you lay hands on Goddard? The witness: Yes. I held him in a half-hammerlock by the elbow and wrist, as is usual with drunks. Constable Harrington said that in London street he had occasion to release Goddard. Goddard seized the witness by the lapels, and they both fell down. Goddard did not resist at any stage. He denied that he “kneed” or punched Goddard in the groin. He denied asking one of the girls in a truculent manner, “What are you doing out at this time of night?” Constable J. Clarke said in evidence that he was on duty in the watch-house when the accused was brought in. Goddard had said that he was drunk and that he was a fool to himself. In the witness’s opinion. Goddard was drunk. At the request of Mr Brown, Sergeant C. R. C. Haack was called to give evidence. Sergeant Haack described an interview he had with Goddard the next morning when the accused called to make a complaint against Constable Harrington. To Mr Brown, the witness said that Goddard was highly regarded in the district and also by the police. Detective T. Thompson, also called at the request of Mr Brown, said he had entered the watch-house from his living quarters that night. He saw Goddard. whom he knew very well. He said, “Good evening. Mr Goddard,” and Goddard replied. “Good evening, Mr Thompson.” Goddard spoke normally, but his face was flushed and his eyes watery. The witness would not say that Goddard was drunk. Accused’s Evidence

Giving evidence, the accused said he was cargo superintendent for the New Zealand Shipping Company at Lyttelton, and lived at the Mitre Hotel. On the afternoon of November 14 he had been to Christchurch to see a film. Afterwards he had had a few drinks and then a substantial meal. He returned to Lyttelton after 8 o’clock and spent most of the evening reading in the lounge. He met there two young women who were staying at the hotel for the week-end, and had two drinks just after 10 o’clock. The women left to attend a dance. Just before midnight, continued Goddard, he went into the bar again and had two more drinks. He then answered the doorbell, and found the two women at the door with a soldier. The soldier asked about getting a taxi for himself, and the witness stopped a passing taxi, driven by a man named Te Koeti. The driver agreed'to return for the soldier. One of the women was standing with her back to the wall. Constable Harrington appeared suddenly. He leaned one elbow against the wall and cupped his ear with his hand. Putting his face within a foot of the woman’s face he said, ‘‘What are you doing out here at this time of night?” The woman said, ‘‘l live here,” and the witness said, “And so do I.” Constable Harrington told the witness that he did not live there. “I said, ‘Don’t be silly’,” said the witness, and the constable said, ‘You’re drunk. You’re coming with me up to the station’.” The witness said he agreed to go, thinking he would see someone in authority. Constable Harrington put a hold on him, and they had taken about two strides when the constable “kneed' him in the back of the leg, causing him to stumble. “As soon as we got around the corner,” said Goddard, “I received a violent punch below the groin. Harrington said to me, ‘You’re off the Hororata. I’ll soon fix you, you Pommy ’.” “Violent Blows” All the way to the station, said the witness, he received a violent blow in the kidneys at each step. On entering the watch-house he was violently propelled across the room, and fell across the desk. He at once stepped back, and stood up straight. When Detective Thompson entered, he said, “Hullo, Mr Goddard, what are you doing here?” The witness replied, “This man says I am drunk.” The witness said that Constable Harrington went out and returned with a man named Meagher under arrest. He saw Constable Harrington pull Meagher’s jacket over his arms, put a neck hold on him, and then punch Meagher below the ear. Later, when in the cell, the witness said, he saw another arrested man being beaten up. The witness said he considered that Constable Harrington had used excessive violence to him. He had consulted a doctor a few days later, and put in the doctor’s certificate as to his injuries. Walter James Te Koeti, a night taxi driver, gave evidence that when Goddard stopped him he appeared normal. He certainly was not drunk. Evidence was also given by Lawrence John Miller, a soldier, John Warburton Scott, John Patrick Meagher, and Francis James Hopkins.