YOUTHS ON SERIES OF CHARGES AFTER BRAWL

Press, Volume XCVIII, Issue 28922, 16 June 1959, Page 7

YOUTHS ON SERIES OF CHARGES AFTER BRAWL

Fights were in progress in several areas and youths were shouting, jeering and milling about in the midst of about 1000 persons who were packed into the triangle in the north-west section of Cathedral square when he arrived shortly after 7.30 p.m. on June 6, Sergeant J. T. McKenzie told Mr N. M. Izard, S.M., in the Magistrate’s Court yesterday. He was giving evidence when a number of young men and youths appeared on charges, arising from the incident. John Michael Richard Murphy, aged 21 (Mr H. S. Thomas) who pleaded not guilty to all charges, was convicted on charges of resisting a constable and obstructing a constable and a charge of behaving in a disorderly manner was dismissed. Desmond George Cowper, aged 22, a workman (Mr B. J. Drake), who pleaded not guilty to all Charges, was convicted on charges of assaulting two constables, disorderly behaviour and using insulting language and a charge of resisting a constable was dismissed. John Richard Vivian, aged 18 (Mr S. H. Wood), who pleaded not guilty to three charges of assaulting constables, was convicted on two charges and the other was dismissed and he pleaded guilty to charges of obstructing and resisting a constable. All the accused were remanded to June 22 for a probation officer’s report and sentence, Bail was renewed in each case;y Senior Detective-Sergeant J. B. McLean, who appeared for the police on all charges, said a “very ugly situation” began about 7.30 p.m. and continued until after 8 p.m. Warning Ignored Detective-Constable A. G. I. Rogers, giving evidence in the charge against Murphy, said he saw the accused obstructing several policemen and he warned him to leave the area. The accused ignored the request and grabbed the tunic of one policeman and witness arrested him. The accused resisted violently and was taken in a police car to the Central Police Station.

To Mr Thoma?, Rogers said there was a great deal of confusion. The accused, referring to a friend of his, had said the police had arrested the wrong man. He told the accused that the matter would be decided in Court. “This is an unfortunate matter and some persons were dragged in while the major offenders escaped,” said Mr Thomas. Murphy said the police arrested a friend of his who was not subsequently charged. He decided it was not safe to stay in the area of the fracas and was going away when he was seized by two policemen on either. side, and a third pushed him from behind into the police van and the door was slammed. He was never formally placed under arrest and he did not resist or obstruct any constable. He was not told what he was arrested for until 10 p.m. To Senior Detective-Sergeant McLean, Murphy said his wife was at home when he left about 6.30 p.m. He denied walking deliberately into the middle of the fracas. The crowd was surging backwards and forwards, and he saw some youths attacking the police. He had gone there to meet some youths. He denied attempting to get his friend out of the police van. FINED £7 10s

Gary Paul Schwass, aged 17, a seaman who said he earned £BO a month, was fined £7 10s on a charge of obstructing Constable Leonard James Petersen in the execution of his duty in Cathedral square on June 6. Schwass. who was represented by Mr B. JDrake, pleaded not guilty. Constable Petersen said that while carrying out orders to keep people from loitering in Cathedral square, he saw Schwass and two other youths. When asked to leave, defendant became cheeky. The party was eventually escorted to Armstrong’s corner and told to keep out of the Square. At 9.30 p.m. the youths were again seen near the Embassy Theatre. They were warned that if they persisted in hanging around the Square they would be arrested. When they were again seen near the Papanui bus stop at 10.10 p.m., he arrested Schwass because he refused to move and was cheeky. The other youths did move when asked, said Constable Petersen. Mr Drake said that Schwass was only arrested because he came back to the Square after he was told to keep out. “It is quite obvious that the police did not know whether or not the defendant was going to ; catch a bus,” he said. The defendant’s actions did not justify a charge of obstructing a con- ; stable.

Donald’ Wayne Tainui, a high school pupil, aged 15, said that he, Schwass. and another youth went to a film at the Embassy I Theatre after the trouble in Cathedral square. I .After about five minutes, a

policeman told him and the other youth to leave the theatre because they were making a noise. Defendant came out of the theatre a few minutes later.

“Do you know anything about this?” said Mr McLean holding up a stainless steel carving' knife with an eight-inch blade, which had been found in the foyer, of the theatre. Tainui shook his head.

Tainui said that after they left the theatre, police escorted them to Armstrong’s corner and told them to “get out of town or they would be run in.”

He described how the party went back to the Square by 'way of Chancery lane to get their money back from the theatre, but when the police again intervened they went by taxi to a dance. Half an hour. later they returned to the Square and spent 20 minutes in a pie cart. Later while they were waiting for a bus, Constable Petersen approached and arrested the defendant. Schwass said that the other youth in the party was involved in a fight before they entered the theatre. He denied any knowledge of the knife. He admitted being warned on four occasions by police, but denied being cheeky. In a sense, he had been defiant, but not cheeky, he said. Mr Drake said that in spite of what had been said, the youths’ behaviour had been consistent with the behaviour of three youths who let curiosity get the better of them.

■■ The Magistrate said he would take into account Schwass’s good record. “But at the same time, I must warn you that you run a great risk in disobeying a constable,” he said.

GUILTY ON FOUR CHARGES Desmond George Cowper, aged 22, a workman (Mr B. J. Drake), denied charges of assaulting two constables, behaving in a disorderly manner, using insulting language, and resisting a police officer. The latter charge was dismissed, and the defendant was remanded to June 22, on renewed bail, for a probation officer’s report and sentence on the other four charges on which he was found guilty.

Constable G. H. Hale said he was attracted to a fight by a woman’s scream and found the defendant and another youth being restrained from fighting by other persons on the scene. He warned the youths to move on but they refused to do so, the defendant using insulting language. The constable said he was about to arrest the defendant when the other youth obstructed him. While his attention was taken by the second youth the defendant struck him a blow on the side of the face. “The defendant was then arrested, but I was then attacked by six or seven other youths and in the general fighting which followed the defendant escaped and made off,” said Constable Hale. The defendant was later seen in the vicinity and was re-arrested. To Mr Drake the constable said he was certain it was Cowper who struck him in the face. He admitted using force on the defendant at the police station after the defendant had resisted attempts to search him. “When a person uses force you have to retaliate with a certain amount of force.” said the constable. The defendant, in evidence, said he had been told to move on by the constable three times in about 10 paces. He had to shoulder his way through the crowd to keep moving. The. defendant denied that he had used insulting language. He said he was struck on the nose, which started to bleed, at the police station before being locked up. STRUGGLE WITH CONSTABLE He returned to Cathedral square after he had taken an arrested man to the Central Police Station, said Constable G. H. Hale, when giving evidence against John Richard Vivian. Several constables were struggling with youths in the large crowd. He immediately plunged into the melee to assist. He received a violent push from behind and was thrown forward on to his knees, grazing them. As he attempted to get up he was kicked on the knee and in the groin by the accused, who was standing directly behind him. It appeared obvious from the accused’s position that it was he who had pushed him. In the struggle he got separated from the accused, said Hale, but he later assisted to put him into the police van after he had been arrested by another constable. The accused resisted violently.

Constable P. H. L. McDonald said he saw the accused struggling with Constable D. H. Ashworth, who was in plain clothes. He was assisting to place him in the police van but the accused was struggling violently. When he was near the van the accused fell to the ground in an attempt to avoid being put in. He bent down to pick up the accused’s feet and was kicked under the chin. | Corroborative evidence was

given by Detective P. R. Callanan.

Constable D. H. Ashworth said he saw ’the accused attacking a soldier and he told him “to break it up.” The accused ignored the advice and he was arrested. He struggled a great deal. While the accused was being taken to the police van, Ashworth said, he was kicked and punched by the accused and also by some of those in the crowd who were pressing around. The accused had not assaulted any of the constables deliberately but he admitted resisting arrest, said Mr Wood. He was justifiably annoyed at being arrested as he considered that he had done nothing wrong and was merely sticking up for his rights. He denied being anywhere near Constable Hale or assaulting him. Vivian said he had picked up his girl friend at a bus stop and was walking towards the Embassy afid. Crystal Palace Theatres when he saw that fighting had broken out. A soldier came up to him and shouldered him for no reason so he hit him back with his shoulder. Then Constable .Ashworth came up and he started resisting him because he did not know what he was being arrested for. CHARGES ADMITTED John Maea, aged 17, unemployed, pleaded guilty to charges of obstructing Constable P. H. L. McDonald in his duty; assaulting William Roger MacDonald, a soldier; and behaving in a disorderly manner in Cathedral square. He was remanded to June 22 for a probation officer’s report and sentence. Senior Detective Sergeant McLean said that during the trouble in Cathedral square, on June 6, Constable McDonald was holding a man when the defendant tried to get him away. When a soldier went to the constable’s assistance, defendant told him to mind his own business and struck him on the face. NAME SUPPRESSED

Charges against a youth, aged 17, whose name was suppressed, of behaving in a disorderly manner in Cathedral square and assaulting an unknown person on June 6. were adjourned to June 22. The youth, who was represented by Mr R. Twyneham. pleaded guilty to both charges.

A detective-constable was attempting to restore order in Cathedral square shortly after 7.30 p.m. on June 6 and called on the assistance of an unknown soldier, said Senior Detective-Sergeant McLean. The defendant, who was involved in some fighting, turned round and struck the soldier in the face with his first. When the soldier attempted to pacify the youth he was struck again. The defendant was an apprentice in a very specialised occupation and publication of his name would jeopardise his prospects in his career, said Mr Twyneham. His field of employment was strictly limited and the defendant had not realised the seriousness of his actions.