Magistrate’s Court Charge Of Assaulting Constable Dismissed

Press, Volume XCV, Issue 28268, 4 May 1957, Page 8

Magistrate’s Court Charge Of Assaulting Constable Dismissed

A charge against Simeon Zane Vincent Hart, aged 23, of assaulting Constable A. G. Spittle while in the execution of his duty on February 2, was dismissed by Mr L. N. Ritchie, S.M., in the Magistrate’s Court yesterday. The case was heard on February 11 and adjourned for legal argument.

Senior-Sergeant J. P. Mather prosecuted, and Hart, who pleaded not guilty, was represented by Mr L. G. Holder.

At 11.35 p.m. on February 2 Constables Spittle and Longley were called to the Harewood Transit Camp and they entered Hart’s flat with the permission of Mrs Hart, said the Magistrate giving his reserved decision yesterday. They found Hart fully dressed asleep on his bed. When he was wakened he told the constables to get out. Hart was the tenant of the flat. The constables and Hart went into the sitting-room. A remark -./as made by Mrs Hart and Constable Spittle was going back to the bedroom when he was assaulted by Hart.

When the constables were in the bedroom and Hart told them to leave they had no authority to remain for they did not intend to arrest him, said the Magistrate. They had no warrant for his arrest and they had no search warrant. They had no legal right to remain on the premises. Constable Spittle, when he was returning to the bedroom, was not ’‘acting in the execution of his duty.” Hart’s conduct was most reprehensible and the two constables were trying to do their duty under much provocation and difficulty and they had the Court’s sympathy. The charge would be dismissed. “You can tell your client. Mr

Holder, that he is fortunate to get off on a technicality,” said the Magistrate. CHARGE OF ESCAPING

Geoffrey William Fisher, aged 38, a workman (Mr B. McClelland), appeared on a charge of escaping from lawful custody on November 30, 1956. Mr McClelland said he would consent to a further remand as Fisher’s appeal had not yet been dealt with by the Court of Appeal. After a talk with Fisher, counsel said that Fisher asked that he be dealt with immediately. The Magistrate told Fisher that he could not deal with him before a higher Court had dealt with his appeal. Fisher said he knew the Magistrate could not add to his sentence but he could convict and discharge him. “You are the most optimistic person in this Court, Fisher. No. I won’t deal with you,” said the Magistrate. Fisher was further remanded to June 24. TRAFFIC BREACHES The following prosecutions for breaches of the traffic regulations were brought by the police and penalties were imposed as stated:— Exceeding the speed limit: Eric Ronald Bradley, £5. No warrant of fitness: Bruce Clinton Byrnes, £1; Douglas Haig Hawtin, £1 (no warrant for trailer, £2). Failure to give way: Frederick Cane, £4; Eric Cherrington Gardiner, £4; Albert Galloway, £5; Gordon Holmes, £5; Roderick James Leggatt, £3 (no warrant of fitness, £1); Ailsa Macfarlane, £3; Eric William Russell, £3; Barry Lionel Shaw, £5; Ralph Bryan

Simpson, £5; Barry George Weller, £5.

Opening car door in path of cyclist: William Douglas Dalzell, £2. Using vehicle without due care and attention: Henry Franks, £2; Nora Constance Fraser, £2; Murray James Johnson, £2; Colin Vernon Miller, £3; Phillip Rogers Naylor, £2 (no warrant of fitness, £1; no driver’s licence, £2). No driver’s licence: Arthur Heaney,£2; David Lindsay Lawson, £2 (no warrant of fitness, £2); Thomas Ernest Redden, £2. Unlighted cycle: Robinson John James, £l. Lent driving licence: Francis Herbert Wilson, £5: REMANDED Brian Leslie Paris, aged 18, was remanded to May 9 on a charge of breaking and entering a shop on April 30. (Before Mr G. A. Nicholls, S.M.) DISQUALIFIED DRIVER Norman Alan Cooper, aged 23, a mechanic (Mr C. M. Roper), pleaded guilty to driving a motorcar on December 30, 1956, while he was disqualified. He pleaded not guilty to driving a motor-car without due care and attention.

He was convicted on both charges. For driving while disqualified he was sentenced to 14 days’ imprisonment, his driver’s licence was cancelled and he was disqualified from obtaining another for 12 months. On the second charge he was discharged. Inspector J. J. Halcrow said that Constable Snell was on duty at the intersection of High and Manchester streets at 10.30’ p.m. on December 30, when he saw Cooper drive south-east along High street, then swerve to his left and narrowly miss a cyclist, who had to, stop. When the constable asked Cooper for his driving licence he produced one issued to another man. On October 16, 1956, Cooper was charged with dangerously driving a motorcycle and he was fined £lO and his licence was suspended for four months. The suspension elapsed in February.

Mr Roper said that Cooper had been driving for 10 years and had never been convicted of an offence regarding a car. Motorcycles had been his downfall. As the result of the conviction in October he lost his job in a garage.

The Magistrate said that when the Court made an order it expected it to be carried out. It appeared that Copoer was still not fit to be on the road. If he had been older the prison sentence would have been longer. Driving without due care: Beverley Ann Wright, £l. Charge dismissed: Marjorie Joan Easterbrook (Mr B. McClelland), pleaded not guilty to a charge of driving without due care and attention. The charge was dismissed. THURSDAY (Before Mr Raymond Ferner, S.M.) DEPORTATION ORDERS Paul Kleppe, aged 27, an engineer, who had appeared in the Napier Magistrate's Court on a charge of being a prohibited immigrant, was sentenced to one month’s imprisonment for failing to report while he was on probation pending deportation. He was ordered to be detained while awaiting deportation. Synnove Johansen, aged 31, a mess girl, who admitted landing in New Zealand while she was a prohibited immigrant, was convicted and ordered to be detained pending deportation. Mr A. W. Brown represented the Collector of Customs, and Mr J. G. Rutherford appeared for both defendants.