Brothers Deny Charges Of Assaulting-Police

Press, Volume XCVIII, Issue 29004, 18 September 1959, Page 12

Brothers Deny Charges Of Assaulting-Police

Two brothers, who are charged with assaulting three police officers, alleged that one of them. James Henry McCarthy, was assaulted by police officers on the night of August 5, when they appeared before Mr N. M. Izard, S.M., in the Magistrate’s Court yesterday. James Henry McCarthy, aged 36, a workman, pleaded not guilty to three charges of assaulting police officers, two charges of resisting arrest, a charge of being found drunk in a public place, and a charge of using obscene language in a public place. Kenneth McCarthy, aged 43, a workman, pleaded not guilty to three charges of assaulting police officers, and to a charge of being found drunk in a public place. They are represented by Mr A. D. Holland.

The hearing will be continued today. The police prosecutor (Mr P. T. Mahon) said that Detective-Con-stable S. J. Main and Constable A. R. Peters drove into Olliviers road at 9.15 p.m. on August 5. They saw the two accused staggering along the road, stopped the patrol car and got out to speak to the two men. Asked where they were going, the two men became hostile and James McCarthy used obscene language and started to attack Constable Main, he said.

James McCarthy forced Detec-tive-Constable Main into the gutter. As he held him there in a headlock. Constable Peters came to his rescue and pulled McCarthy off, said Mr Mahon. “With that James McCarthy attacked Constable Peters, gave him a blow on the mouth, knocked him over, and took a chip off his front teeth,” said Mr Mahon. The two accused then went into a nearby dance hall, refused .to leave when asked by the two police officers and a second patrol car had to be called, said Mr Mahon. Put Into Cells They were taken to the Central Police Station and put into the cells, he said. When Constable Colin Lee left to obtain bedding for the two accused, James McCarthy asked Constable A. G. Dailey for a cigarette and

was told he was not allowed to smoke.

“With that the two brothers attacked Constable Dailey and crashed his head against a concrete wall,” said Mr Mahon. When Constable Lee, who heard the yells, came to Constable Dailey’s aid, he pushed the two men to separate cells, said Mr Mahon, From their cells they continued to shout abuse.

Mr Mahon then called the police officers who gave evidence on the lines of his address. Opening the defence, Mr Holland called Dr. W. H. Bremner. Dr. Bremner said he examined James McCarthy at 4 p.m. on Friday, August 7. He smelt of liquor, and had abrasions and bruises on his face. He had two cuts on his mouth and both eyes were bruised. He said he did not consider that the marks could have been caused by McCarthy’s face hitting a "smooth surface” as there was no damage to his nose. To Mr Mahon, witness said he considered McCarthy had been struck several blows. Evidence by Accused Kenneth McCarthy, in evidence, said . that after they had been put in the patrol car a constable, whom he later identified as James William Wooders, “opened the door and punched Jim in the mouth. Jim thought he was going to speak but he just hit him in the mouth and broke his teeth. He opened his mouth and his teeth dropped out into his hand.” To Mr Holland, he said they did not know what they were charged with until they arrived at the police station. When they were escorted to the cells, said McCarthy, “Constable Dailey hit Jim in the face by the cell door and I put my arms round him to stop him.” To Mr Mahon, witness said they had had six or seven five oz beers during the time they were in a hotel before their arrest. 1 James Henry McCarthy in evidence said that he could neither read nor write and had a criminal record. He had only been released from gaol for nine weeks. On the night of the arrest he had decided to go to a dance but before the dance he went to a hotel with his brother where he had drunk about eight or nine beers between about 8 p.m. and 9 p.m. They had been “kicked •out” because the police were expected to call. Describing the arrest, McCarthy said Constable Main, “who had caused all the trouble.” had put the two of them in handcuffs and put them into the patrol car and shut the door. The next minute, said McCarthy, the door opened, and then, “a bang in the choppers,” and he spat his teeth out. “The fellow with the crook eye (indicating Constable Dailey) took me into the cell and then got stuck into me,” said McCarthy. He said that the constable had used a “lot of language.” He admitted under cross-examination by Mr Mahon that he too had used considerable language. Mr Mahon: You say that police officers assaulted two polite and sober men walking along the road; that you were attacked first by two constables and later by another two? —Yes.

New Launch For Police At Auckland

(New Zeaiana Press Association) AUCKLAND. September 17. A Wellington shipbuilding company. Ship Work (New Zealand), Ltd., has the contract to build the new £15,000 launch for the Auckland waterfront police. Building would begin in the first week in October at the Port Chalmers slipway of Miller and Tunage. said Mr* Russell Searle, managing director of Ship Work, in Auckland today. The launch will replace the Lady Shirley, which has had 1“ years’ service with the Navy and the police. The new launch will be 48ft long, with a 12ft beam and a 3ft |9in draught. She will be fitted 'with radar.