Brothers Cause Fracas In Wanganui Courtroom

Press, Volume XCI, Issue 27638, 20 April 1955, Page 9

Brothers Cause Fracas In Wanganui Courtroom

(New Zealand Press Association)

WANGANUI, April 19. A fracas developed in the Wanganui Magistrate’s Court today, when an accused person and his brother had to be forcibly restrained by the police. The Magistrate (Mr S. S. Preston, S.M.) was compelled to adjourn proceedings for a time. As a result of what occurred, a young man was remanded in custody, and the Magistrate directed that two doctors should examine him and report on his mental condition. A brother of the man remanded was sentenced to 14 days’ imprisonment for contempt of Court. The man remanded overnight was Norman Kenneth Smith, who had pleaded guilty to a charge of driving a motor-vehicle while under the influence of liquor, and to two charges of breaking his prohibition order. He pleaded not guilty to a charge of assaulting a woman. During the hearing of the assault charge, Smith was rebuked by the Magistrate, and ordered to be seated. His brother, George Henry Smith, who was seated at the back of the Court awaiting the hearing of a charge against him of securing liquor for his brother when he was a prohibited person, then attempted to move towards the front of the Court. He was ordered by the Magistrate to take his seat. While giving his evidence, Norman Smith several times began a tirade against the police and justice, and was calmed down by the Magistrate. After the Magistrate had said he had no difficulty in finding that the accused was guilty of the assault, Norman Smith began a tirade against him. The Magistrate unsuccessfully tried to calm him down.

When his efforts were unavailing, the Magistrate ordered that the accused should be removed from the Court. A scuffle ensued, and the accused’s brother, George Smith, moved from the back of the Court. He was ordered by the Magistrate to be seated, but when he did not comply, he was ordered by the Magistrate to be removed.

Detectives and the probation officer had to use force to reinove him, and he noisily abused the police and the Magistrate. At this stage the Magistrate adjourned the Court. Scuffling continued outside the Courtroom for several minutes, and reporters heard a considerable amount

of bad language from the lobby. The two men eventually calmed down somewhat, and returned to the Courtroom.

Norman Smith continued to abuse the police, and at one stage approached the press table and threatened the two reporters there. Later, he returned and again abused them until he was restrained by Senior-Sergeant Carlyon, to whose remarks he took objection. George Smith, seated in the back of the Courtroom, also called out abuse.

When the Court resumed, the Magistrate asked that Norman Smith should be brought forward. He then announced that he was remanding him in custody until 10 a.m. next day. He directed that two doctors should examine the accused.

“This is a young man to whom the Court and the .police have extended great kindness and help over the years,” said the Magistrate. He said the Chief Probation Officer of New Zealand had been interested in his case, and had been keen to give him rll the help he could. He thought he should be medically examined before being sentenced.

Charge of Contempt Georgd Smith, who had been arrested by the Court Bailiff (Mr J. A. McGhee), was then charged with contempt of Court, by wilfully interrupting the proceedings. Asked whether he had anything to say, George Smith said he did not like to see his brother being victimised. The Magistrate sentenced him to seven days’ imprisonment in the Wanganui Gaol. George Smith then became abusive, and the Magistrate ordered that he should be removed. As police officers were doing so, the accused turned and said to the Magistrater “I would like to punch you fair and square on the nose, you old—- “ Bring him back,” said the Magistrate. “You will be sentenced to 14 days’ imprisonment.” The accused again attempted to argue with the Magistrate, and had to be forcibly removed. As he was being removed, he said: “Can’t you give me another seven days?” After the Court adjourned, there was still considerable scuffling in the corridor as police tried to calm the two men before taking them to the police station.