Magistrate’s Court DETECTIVE FIRED SHOT TO RESTRAIN YOUTH

Press, Volume XCIX, Issue 29263, 22 July 1960, Page 9

Magistrate’s Court DETECTIVE FIRED SHOT TO RESTRAIN YOUTH

A detective, who was struck and kicked in an alleyway off Ferry road while trying to question* two youths whom he suspected of having converted a motor-cycle, drew his pistol and fired a shot into the ground to try to restrain them and hold them until help arrived. The more aggressive youth shouted: “Ha, they’re only blanks,” when the pistol was produced, and after the shot was fired grabbed the detective again and continued assaulting him, according to police evidence in the Magistrate’s Court yesterday.

Joint charges of assaulting Detective G. Riach in the execution of his duty, and unlawful conversion of a motor-cycle were brought against Norris Kenneth Edmund Damey, aged 19 (Mr J. Burns), and Laurence William Ayers, aged 20 (Mr R. G. Blunt). Damey was also charged with assaulting Constable K. M. Gallagher.

The accused were convicted by Mr A. P. Blair, S.M., on all charges and were remanded in custody to August 4 for a probation officer’s report and sentence. The charges arose from an incident about 11.30 p.m. on July 9 after Detective Riach, in a police patrol car driven by Constable Gallagher, became suspicious of the two accused who were riding the motor-cycle along Ferry road without lights. After being followed the youths turned into an alleyway, where the assault took place. After the assault Detective Riach staggered to his feet with blood pouring from his left eye, nose, cheek, and mouth—the whole left side of his face was covered in blood, said Constable Gallagher in evidence. He said at one stage he thought the detective Was unconscious. Both Detective Riach and he had to receive hospital treatment after the incident. Detective Riach said that after stopping at the entrance to the alleyway he got out of the police car and saw the two accused dismount from the motor-cycle. The witness asked Damey who owned the vehicle and was told "Bill McGregor,’’ but could not tell where this person lived. "I was not satisfied with his explanations and asked him to come to the police station to clarify matters. Darney said he would not come and when asked again said: ‘Take me’,” said Detective Riach. “At this stage I realised things were not going very well and told Constable Gallagher to radio for assistance. “As I was watching him walk to the car Damey hit me two or three times. I was taken by surprise and struggled with him and we fell to the ground. While I was trying to get the handcuffs on him he hit me twice more on the face and then Ayers kicked me. I covered my face and Darney broke free,” said witness. The witness said he got to his feet and Damey advanced towards him. He drew the pistol from his pocket and told Darney to stay where he was, and that he was under arrest.

“Damey said: ‘Ha, they are only blanks’ and I aimed the pistol away and fired it at the ground,” said the witness. Damey still came towards him. He could see the pistol did not have the desired effect so put it back in his pocket and Darney grabbed him and continued struggling. Constable Gallagher came to his assistance and Damey was handcuffed. Another police patrol arrived shortly after and took Damey away. Ayers had made off but was traced later at his flat in Papanui road. Constable Gallagher said he was told to radio for assistance and heard movement in the alleyway behind him. He saw Damey attack Detective Riach, and Ayers then attacked him from behind. He pulled Ayers away. Detective Riach and Damey rolled over and over on the. ground and each time Damey was on top he punched the detective, said the witness. He said he then radioed for help. Ayers stayed where he had been left until the radio call and then walked over to the The witness said that after the shot was fired Damey came menacingly towards them. Darney then swung a punch at the witness, hitting him on the forehead. In a statement said to have been made to the police by Darney, he said that after being questioned about the motor cycle, which he told the detective belonged to a friend, he was told that he would be taken to the police station. . “I said I was not going,’ said Damey’s statement “At this stage my only thought was to get away before reinforcements arrived. I pushed him and went berserk. I saw red and struck him on the face. I attacked him without provocation when I thought he was going to take me to the police station and cut off my freedom.” In his statement to the police Ayers said he said he held a party at his flat at which Damey and other youths and girls were invited. Others who were not invited also arrived. About 11 p.m. Darney suggested that they go and get some fish and chips and someone at the party said to take his bike. It was the first time he had met this man. Later, when questioned in the alleyway, the detective drew a pistol and fired a shot and Damey went berserk and started attacking the detective. “After I had struck the detective with my fist I took no part in the matter until Damey called for help and I decided to go to his assistance,’’ said Ayers’s statement. Both accused gave evidence referring to allegations by the accused counsel, that Detective Riach had acted outside his duty by trying to detain the youths when he had not arrested them, the Magistrate said the duty of the detective after he had questioned Damey was not to abandon the matter but to pursue his inquiries. “It appears they were not going to come easily at this stage and the detective thought he would avoid any trouble by calling for assistance.” There was no justification for the assaults, and the violence used was excessive, the Magistrate said. He said it was peculiar that the youths declined to go to the police station to clear up the matter of ownership of the motor-cycle, which they would have done it their consciences were clear.

TWO YEARS’ GAOL Robert Eric Trainor, aged 28, a salesman (Mr R. J. de Goldi) who already had 63 previous convictions for offences involving dishonesty, was imprisoned for two years when he appeared for sentence on 16 charges of false pretences and two of attempted false pretences. On two charges of obtaining credit by fraud, and two breaches of hire purchase agreements, he was convicted and discharged. The accused last week had pleaded guilty to all the offences. He had gained, by the issue of valueless cheques, goods and accommodation worth £215 and money totalling £4B. Mr de Goldi said that in spite of the accused’s "alarming” list his past offences had been in four distinct outbursts, and the present offences were committed in one further outburst. Between these periods he had been law-abiding and shown considerable ability and promise. The Magistrate said the accused could outlive his past if he made the effort, but if he did not he could hardly avoid being treated as a hopeless case and dealt with accordingly. THEFT AS A SERVANT

A former Post Office employee, Ernest John Downey, aged 27, who had pleaded guilty to the theft, as a servant, of film valued at £l5 12s from a department van which he was escorting on May 31, was placed on probation for one year when he appeared for sentence. He was also ordered to make restitution. Mr J. G. Leggat, for the accused, said he had already been severely punished because of publication of his name, and had been suspended from his employment. WARRANT FOR YOUTH’S ARREST

A warrant was issued for the arrest of a 17-year-old youth, Peter James Taylor, who failed to appear to answer a charge of unlawfully converting a bicycle on March 5. FIGHTING

Two youths aged 19 and 20 who were seen by a constable exchanging blows outside a dance hall in Latimer square at 10 p.tn. on June 11 said they had had a dispute in the dance hall and had decided to go outside to finish it, said Sergeant E. S. Tuck. Both defendants, whose names were suppressed, were fined £1 on a charge of fighting. YOUTHS BROKE INTO SHOP Two 17-year-old youths who appeared on a joint charge of breaking and entering a shop owned by Robert Henry Mundy at 408 Innes road on May 12 were each placed on probation for 18 months, and were each ordered to pay £23 17s lid restitution and £l5 towards the cost of the prosecution.

They were Donald Mclver Brosnan (Mr M. F. Hobbs) and Barry Robert John Murdock (Mr K. A. Gough), On a charge of assaulting another youth on April 30, Murdock was convicted and ordered to pay costs and restitution of £4 10s damage to clothing.

Mr Hobbs said Brosnan had the makings of a good citizen and was unlikely to offend again. Mr Gough said the shopbreaking was an “impulsive act,” the result of two young men who did not have enough to do at the time having a sudden impulse to break into the premises. “There is not a great deal of excuse for their conduct especially as both youths came from good homes,” said the Magistrate. INDECENT ASSAULT Clarence Joseph Griffith, aged 37, a company director, was remanded to July 28 for sentence when he pleaded guilty to two charges of indecently assaulting a 13-year-old boy on June 26 .and July 7. Sergeant V. F. Townshend said the offences occurred in the accused's watch repair shop when the boy made visits to see whether repairs. on a watch had been completed. LICENSING BREACHES

Dennis Norman Canovan, aged 18, and Ivan Keith Sutton, aged 20, were each fined £2 for being on the licensed premises of Tattersails hotel when under the age of 21 on April 18. On a charge of being on the licensed premises of Tattersall’s hotel after hours on June 11, William Henry Milligan was fined £3. He pleaded guilty. ABSENT WITHOUT LEAVE Everyone was trying to help him, said the Magistrate, when Robert Lawrence, aged 16, a seaman, was fined £5 for being absent without leave from the ship Amastra on July 15. The defendant was allowed bail of £5O, and ordered to report daily to the police. The Probation Officer said accommodation and work had been arranged for the defendant until a ship returned for him. RECEIVING CHARGE The defendant should have known better than to buy a transistor radio for £3, from a 12-year-old boy, said the Magistrate, in refusing suppression of the defendant’s name when Adrian Warner Baker, aged 21, was fined £lO for receiving stolen property, between April 1 and April 7. CREDIT BY FRAUD Thomas Harvey Grenfell, aged 25, a spray painter (Mr B. J. Drake), was remanded to August 1 on charges of theft of £ll, the property of G. R. Hughes, on July 13 and obtaining credit by fraud for £32 10s for a radio from Riccarton Electrical Supplies, Ltd., on July 12. He pleaded guilty to both charges. Sergeant Townshend said Grenfell took £ll from the till of Hughes Radio Shop at 230 Manchester street while an assistant went to the back of the shop to make inquiries. Grenfell purchased a car radio from Rdccarton Electrical Supplies, Ltd., under a hire-purchase agreement and gave a false name and address. He krter tried to sell the radio in a hotel bar. He had 25 previous convictions. REMANDED George Chase, aged 29 (Mr J. N. Matson), was remanded in custody to August 3 on a charge of stealing £2OO on July 8. Neville William Allpress was remanded to July 28 on a charge of converting a motor-cycle valued at £lOO on May 10. Bail was granted.

(Before Mr E. A. Lee, SIL) BANKRUPT CONVICTED Russell Herbert Mantell, aged 33, a cabinetmaker (Mr B. J. Drake) was convicted on charges under the Bankruptcy Act of failing to keep proper books of account, and concealing books and documents relating to his affairs. He pleaded not guilty. The proceedings were adjourned to today for. a probation officer’s report. ON LICENSED PREMISES Geoffrey Clarke, Robert Hoskins, Rita Hoskins, Anne Righton, and Herbert Righton, were each fined £3 for being in the premises of the Cave Rock Hotel after hours. EXPOSING LOUSY SHEEP For exposing lice infested sheep for sale at the Addington saleyards on June 14, John Norris Buckland, a farmer, was fined £4. GAVE FALSE NAME Their suspicions aroused by the action of a lance-bombardier at Burnham Military Camp, who said he was James Murphy. Traffic Officers W. Sterritt and Gallagher took him to the camp, where he was recognised as Barry James Richards, of the supply depot He admitted converting a motor-cycle. Richards, who did not appear, was convicted and fined £5 for supplying false information, £3 for exceeding 40 miles an hour with a pillion passenger, and £2 for rider and pillion passenger not wearing safety helmets. On April 30, on the Main South road near Burnham, Richards was checked on a motor-cycle, travelling at 53 miles an hour, said Traffic Officer Sterritt. Richards, who gave his name as James Murphy, was issued with two traffic offence notices.

Later, Richards and his pillion passenger were found by the motor-cycle, on the side of the road. When Richards made off into the darkness, Traffic Officer Gallagher was called by radio, said Traffic Officer Sterritt. Richards was found under a hedge, and he was taken to Burnham camp, where Richards was recognised. OTHER TRAFFIC CASES

On other prosecutions brought by the Transport Department, offenders were dealt with as follows:—

Driving without due care and attention: David Lawrence Townsend, £3 (no warrant of fitness, £1). Exceeding 30 miles an hour: Peter Adrian Halliday, £5 (pillion passenger and rider not wearing safety helmet, £3); Lindsay John Ross, £3. No warrant of fitness: Maurice Frederick Adams, £1; Joseph Howard, £1; Matthew Joseph Williams, £l. Unregistered motor vehicle: Ronald John Ralston, £3. No driver’s licence: Dennis Sullivan, £2 (no warrant of fitness, £3). Breach of goods service licence: Prendeville Carrying Company, £3.

Failing to stop at compulsory stop: Antonius C. Vanderlooy, £3 (no warrant of fitness, £1). No blue light on vehicle with trailer: Bertram William Taylor, £3 (no warrant of fitness, £3). No vehicle authority: Bayliss Bros., £3. Parking vehicle without lights: Edgar Gossett, £4. (Before Mr J. W. Kealy, S.M.) THREATENING LETTER

A 24-year-old woman received a photograph of herself through the post with two razor cuts on the face, and a razor blade was attached to the photograph with tape, according to evidence given in Court.

Vincent Francis Bald, aged 52, a workman (Mr B. McClelland), pleaded not guilty to a charge of sending a letter on February 25 containing threats to do grevious bodily harm. He was convicted and remanded in custody until this morning for a probation officer’s report and sentence. The woman, whose name was suppressed, said that in December, 1958, she gave birth to a child and Bald was the father. She was not living with him when the child was born. Early in 1959 she began receiving letters from Bald, the woman said. On February 27 she received one containing a photograph of herself. A razor blade was attached to the front of the photograph by tape. The photograph, which had certain writing on the back, was sent in an envelope to her place of employment. The letter was registered. There were two cuts on the face on the photograph. At this stage Mr McClelland objected to the production of the photograph with the razor blade attached. The woman said she knew the writing was Bald’s. On February 25 she received a telephone call from Bald at the institution where she was employed.

Constable Stewart Colin Dixon, of Ashburton, said he saw Bald at Ashburton on April 7. He said he knew the woman and discussed his associations with her. The constable said he told Bald that the woman had complained to the police that she had received an obscene and indecent letter from him. The accused admitted sending the photograph but denied attaching the razor blade. Detective-Sergeant L. D. Harrowfield said he interviewed Bald on June 1 and he admitted attaching the razor blade before sending the photograph. “I do not suggest that this document is anything to be proud of.” Mr McClelland said. “It is abusive, certainly, but it does not contain a threat.” Mr McClelland submitted that an offence had not been proved under the section of the act on which Bald had been charged. “The words Til be seeing you’ on the back of the photograph with the marks on the face I consider constitute a threat when taken collectively.” said the Magistrate. “I can not see any reason for granting bail, After all this is a very serious offence.”