ASSAULT ON DETECTIVE

Press, Volume XCVII, Issue 28514, 18 February 1958, Page 14

ASSAULT ON DETECTIVE

Youths Found Guilty

(New Zealand Press Association) AUCKLAND, February 17.

Two Panmure youths were convicted in the Magistrate’s Court today by Mr L. G. H. Sinclair, S.M., on a charge of assault causing actual bodily harm to Detective Robert Peter Silk in Pilkington road, Panmure, on the night of February 1. The accused,, Graham Leslie Aylward, aged 19, a workman (Mr Haigh), and James Malcolm Rodgers, aged 18, an apprentice electrical mechanic (Mr Ennor) pleaded not guilty to the charge last week, and after the hearing of evidence the Magistrate reserved his decision.

Today, they were remanded for one week for sentence.

After reviewing Detective Silk’s evidence, the Magistrate said he was satisfied that the injuries the detective suffered —a broken bone in a thumb and swelling and bruises on one side of his head— ; had been sustained in the encounter with the two accused and would constitute actual bodily harm.

Because of the circumstances of the case, he had thought it necessary to obtain some corroboration of Silk’s version of what had happened, and for that reason had called the driver of the police patrol car, Constable Hall, the Magistrate said. “His evidence was not very helpful,” the Magistrate continued, “mainly because he had been busy with the radio of the car for some minutes and did not get out until tod late. He did not hear Silk call out for help and took his baton with, him as he moved around the front of the car. There he came upon a youth in a white shirt sitting on the ground and stood over him. It is fairly obvious he did not get out of the car until the struggle had subsided and almost finished.” Defence Case Commenting on the defence claim that Silk had used his knees on the two accused, the Magistrate said he thought the defence witnesses had got together and worked out a story which they thought he might accept. “Unfortunately their story came apart at one stage when they were cross-examined as to their movements on the previous Saturday night, and they disagreed as to what had happened,” he said. “The accused knew what was afoot in Panmure that night, and they were dressed in the extravagant garb which bodgies wear. The police had had a difficult task that night restoring order in the district after an outbreak of disorder, and here at the extraordinary hour of 1.10 a.m. they came upon a group of youths dressed in this fashion. They must at once have been suspect, and Detective Silk had every justification, because of the accuseds’ dress and their similarity to youths on a motor-cycle who had ridden through a police group, in approaching them in the manner in which he did.

“Although Detective Silk’s version is almost uncorroborated, I accept it as against that put up by the others. Theirs is too pat. They will both be convicted of the charges as laid.” Mr H. E. Campin, the police prosecutor, said that Aylward had a conviction for driving without a licence, and Rodgers had admitted recently in the Otahuhu Magistrate’s Court that he had assaulted Constable Bennett at Panmure on the Saturday before the present offence. Mr Haigh said that he still submitted that his client had an unblemished character and had been a law-abiding citizen up until this night. Counsel suggested to the Court that the clothing which a person wore should not in any way affect the matter if they were before a Court. Mr Ennor said that Rodgers denied any association with any “youthful cult or any gangs.” Refusing bail, the Magistrate said the accused were convicted on a serious charge, and Rodgers’s previous experience with Constable Bennett did not make good hearing to his ears.