ACQUITTED ON CHARGE OF ASSAULTING BROTHER

Press, Volume XCIX, Issue 29108, 21 January 1960, Page 5

ACQUITTED ON CHARGE OF ASSAULTING BROTHER

“From the evidence it appears that only one blow was struck and that it was done in self defence,” said Mr N. M. Izard, S.M., in the Magistrate’s Court yesterday, when dismissing a charge against Allan Bede Holmes, aged 48, a farmer and horse trainer, of assaulting Walter Thomas Holmes, his brother, on November 11, so as to cause actual bodily harm.

Holmes pleaded not guilty and was represented by Mr R. A. Young. The police prosecutor was Senior Detective Sergeant J. B. McLean.

Walter Holmes was not called by the police to give evidence because of his condition and because he could recall nothing of the assault. Outlining the case for the prosecution, Senior DetectiveSergeant McLean said that at 6.5 a.m. on November 11 Dr. Pattison. of the Christchurch Public Hospital, notified the police that Walter Thomas Holmes had been admitted suffering from severe head injuries and suggested that the police inquire into the matter.

Constable G. Dynes interviewed the accused at his home at Yaldhurst. The accused stated that he had been to the Addington races the previous day and after the meeting went with C. Mackie, a jockey, to the Riccarton Hotel where they had some liquor. He arrived home about 9 p.m. and drank some liquor with his brother, Walter. He went to bed, leaving Walter in the lounge. About 4.30 a.m. Holmes had said that he was awakened by his dog barking. He got dressed and went outside and found Walter lying in the driveway with head injuries. He rang Dr. Langley from the Yaldhurst Hotel and Walter was taken to hospital in an ambulance.

The accused told the constable that he thought that someone had hit his brother, and it looked as if a bottle had been used, said Senior Detective-Sergeant McLean. The C. 1.8. office was informed and Detective-Sergeant Ball and Detective Constable Langley took over the inquiries. The detectives interviewed the accused at his home that morning. The accused had said that after he and Mackie had left the Riccarton Hotel they went to the White Swan Hotel by taxi where he drank two whiskies and a pony beer. He left the hotel shortly after with Mackie in the same taxi. Mackie was dropped off at an address in Epsom road and he arrived home about 9 p.m. He drank three bottles of beer, a bottle of whisky and two bottles of lemonade with his brother, Walter, and went to bed shortly after midnight, said Senior Detective-Sergeant McLean.

The accused had said he was awakened about 4 a.m. by his dog barking and he went outside where he found Walter lying injured in the driveway. During the interview DetectiveSergeant Ball told the accused that Dr. Langley had alleged that the accused had told him that he had had a fight with his brother and had hit him on the head with a rake “as it was either Walter or him.”

The accused denied this, said Senior-Detective-Sergeant McLean.

A statement was made by the accused, but he queried the part referring to the quantity of liquor. He claimed that he and his brother had drunk only the beer and a bottle of lemonade. After the accused made the first statement it was pointed out to him by Detective-Sergeant Ball that according to information from Dr. Langley the accused had claimed an act of self-defence and if that was the truth, then that was the time to say so. After considering this, Senior-Detective-Sergeant McLean said, the accused had said: “It’s no good telling lies, I might as well tell the truth." A second statement was then taken down in writing in which the accused said his wife objected to his and his brother’s drinking, and he had argued with her. She

left the house in a taxi about midnight and he continued drinking with his brother and they argued.

Holmes said he went to bed about 1 a.m. and Walter went to his bedroom, according to the statement. He told Walter to go and followed him out to the back door to see that he went. He said Walter turned round to attack him so he picked up a garden rake that was at the back door and made a swing at his brother as he came towards him, and his brother walked into the rake.

The accused claimed he had only hit his brother once and he dropped to the ground. He could see he was badly injured so he tried to make him as comfortable as possible with cushions and blankets. He said his brother was taller and broader than he was, and he would not have a chance against him if he did not use something to defend himself. The victim, Walter Thomas Holmes, was deeply unconscious when he was admitted to hospital, Senior Detective - Sergeant McLean said. He described his injuries.

Walter Holmes made a steady recovery in all respects except that there was a weakness to the right arm and a complete inability to speak, said Senior Detective-Sergeant McLean. He had no recollections of any of the details of his injury. He was discharged from hospital on December 24. but had to continue with physiotherapy and had to attend a speech therapy clinic. Marcus Lois Langley, a medical practitioner, said that the accused had admitted quite voluntarily that he had struck his brother with the rake in self-defence. The accused was fully dressed and appeared to be sober.

It appeared that Walter Holmes had been struck more than one blow, said John Rex Inder, a medical practitioner. He admitted him to Ward 7 suffering from head injuries. Case For Defence To Mr Young, Dr. Inder said that if Walter Holmes was now doing heavy farm work his condition had improved a great deal. Opening the case for the defence, Mr Young said the incident had occurred during racing carnival week and had resulted in considerable publicity. Walter Holmes was about six years younger than the accused and was very strong.

Walter Holmes had not paid his fines for offences and was working the time out at Paparua Prison when the accused took him to his home and gave him a job, Mr Young said. He did this with a view to rehabilitating him and getting him to settle down. He was a good manual worker except for drinking bouts. Walter Holmes was very strong and could easily lift a bag of coal in his arms off the ground. He became violent at times. The police case was that Allan Holmes had used too much force in protecting himself, said Mr Young. A man, who was alone at the dead of night and about to be attacked by someone much stronger than himself would not give great consideration to the amount of force he was entitled to use. He had done everything possible for his brother after he had been injured. Right at the start, the accused had told Dr. Langley that he had acted in self-defence and had only made conflicting statements to the police after he had learned how seriously his brother had been injured, Mr Young said. It was not disputed that he had struck Walter. Allan Holmes said he had a few drinks with Walter after tea and then went and lay down on his bed as he intended to see later that Walter was all right. “The next thing I remember was being awakened by Walter,” said the accused. “He was pretty drunk and I told him to go and sleep in the hut. I was annoyed because my wife had left the house because of him. I had had only a couple of nips out of the bottle of whisky before lying on I the bed and Walter apparently remained in the lounge and drank i the rest of the bottle.”