Magistrate’s Court U.S. AIRMAN ACQUITTED OF CHARGE OF RAPE

Press, Volume XCIX, Issue 29342, 22 October 1960, Page 4

Magistrate’s Court U.S. AIRMAN ACQUITTED OF CHARGE OF RAPE

Agreeing with submission by Mr J. G. Leggat that the evidence of a 39-year-old woman, who alleged she had been raped by an American serviceman last Friday evening, was unreliable in several particulars and there was evidence that she had been in a state of intoxication about the time of the alleged offence, Mr Raymond Ferner, S.M. in the Magistrate’s Court yesterday said he would not commit the man for trial in the Supreme Court. He discharged the accused, William Paul Grindstaff, aged 33, a United States ataman stationed at Harewood, who the woman alleged had raped her in a house in Barbadoe* streetin submitting that Grindstaff should not be sent forward for trial, Mr Leggat said there was no corroboration of the woman's evidence in Miy material element of the alleged offence, and the woman was a “self-confessed liar" in that she told police Grindstaff had cut her wrists with a broken bottle after the alleged rape, but later she admitted the wounds were self inflicted. “It was a grave offence on her part to make an allegation of criminal assault to the police which she knew was untrue,” he said.

The story was one of a woman who was drunk and was attracted to the place by the thought of drink. Her chance to make an immediate complaint of having been raped' was when she. aroused the occupants of a neighbouring house. But she was seen leaving this house on patently friendly terms with Grindstaff, said Mr Leggat. The Magistrate said it was significant that when the complainant went into the neighbouring house screaming that she had cut her wrists she did not mention anything about her allegata In of having been raped. No jury would be likely to convict on the evidence before it, he The complainant, in evidence, said she had met Grindstaff at a hotel and he had asked her to go to a party at the house. She said that after drinking Grindstaff took her to a bed where the offence was committed. After the offence, she said, she was “really hysterical” and broke a bottle and slashed her wrists, as she thought by doing this she would make him leave her alone. She went to the neighbouring house but they would have nothing to do with her. After returning to the house she left when Grindstaff “flaked out."

(Before Mr A. P. Blair, S.M.)

YOUNG MAN FACES NUMBER OF CHARGES The “worst I have seen on the roads for some time.” was how Constable W. J. Buist described a car he saw on Harewood road on July 16. He said the car had no front left door, no windscreen, the front right hand door would not close, and there was no front left hand roof support. Joseph Harry John Annan, aged 20 (Mr B. J. Drake) was fined £5 and had his driving licence suspended for three months, on a charge of driving without due care and consideration. He was also fined £3 on a charge of wilfully damaging another car by driving into it. Annan pleaded not guilty to those charges. A charge of disorderly behaviour to which he pleaded not guilty was dismissed. Annan was also convicted on a

charge of dangerous driving, to which he pleaded not guilty, and three charges of having no warrant of fitness, failing to produce a driving licence, and using an unlicenced motor vehicle, to which he pleaded gtriMy. These charges were adjourned to October 28 for a probation officer's

report. Sergeant V. F. Townshend said Annan had an "appalling list” of previous convictions. In 1958 nis driving licence was suspended for dangerous driving, he had three convictions for driving without due care and attention, one of having no driving licence, and one for having no warrant of fitness. as well as convictions on charges brought by the Christchurch City Council. Annan was now on probation for another offence, said Sergeant Townshend. ASSAULTED CYCLIST While a pesenger in a car driven on Annex road on July 9. William Paget, aged 23. reached out and touched a girl cyclist on the shoulder, Sergeant V. F. Townshend said. Paget, who pleaded guilty to a charge of assault was convicted and fined £l2. On a charge of having an unregistered motor-car he was fined £5. REMANDED

Charged with assaulting Rexton Clifford Watts, causing him actual bodily harm at New Brighton on April 17. 1959, Patrick Duke (Mr B. J. Drake) was remanded in custody.

Opposing bail. Sergeant Townshend said Duke was arrested on a warrant. Another person associated with the charge had received substantial punishment. Mr Drake said Duke did not know there was a warrant out flor his arrest. If he was remanded in custody it would be until the February sessions of the Supreme Court.

The application for bail might be renewed later, said the Magistrate, after Sergeant Townshend said a fixture could be made earlier to hear the depositions. TRAFFIC CHARGES On traffic charges brought by the police, the following offenders were fined;—

Failed to give way: Gerard Henry Terence Jarvis. £5: Edward Bell. £5 (no warrant of fitness. £1 10s); Gavin Leslie Cormack. £3; Mark Doyle, £5; Marie Ethel Dunbar, £5 (no driving licence. £3): Alan Herbert Charles Ford. £5; Mark Gordon, £5; Peter John Messenger, £8; Arthur Lovell West, £5.

Drove without due care and attention: Phillip Frances Dallow. £6 (no warrant of fitness. £1 10s); Nga Hadfield. £8 (no warrant of fitness. £1 10s); Vernon Warren Rickerby, £3. No warrant of fitness: Charles Leonard Dunstan. £2.

Failed to produce driving licence: Thomas Alfred Griffiths. £3 (exceeded 30 miles an hour. £3). (Before Mr E. S. J. Crutchley, S.M.) CHARGES DISMISSED While two Drainage Board employees were inspecting a manhole near the Sawyers Arms road intersection on the Main North road at 5.45 p.m. on June 22, a car. driven by Edwin Clarence Eden, a slaughterman, ran into a sign placed before the manhole and carried it and one of the workmen. Vivian George Kearney, a flusher, along the road for about 14 feet. A few minutes later, another car driven by Anthony Charles Cowdry, ran into the back of Eden’s car.

Kearney wag taken to the Public Hospital with concussion, hand injuries and a bruised chest. Eden pleaded not guilty to a Charge of negligent driving" on June 22. He was represented by Mr H S. Blunt

The Magistrate amended the charge to one of driving without due -care after the prosecution evidence had been given and Mr Blunt had submitted there was no dase to answer. After hearing Eden’s evidence, the Magistrate dismissed the amended charge.

Constable E. A. Burt, who was travelling south along the Main North road and saw the accident happen, said that it was a “dirty night.”

Constable R. C. Kingsbury, who arrived at the accident at 6.15 p.m., said that in his opinion the signs put up by the two workmen were most inadequate. It had been raining, and lights from the shops nearbyy were shining on the roadway. “One flashing light placed on the road by myself was knocked over by a truck and an accident sign was also knocked over,” he said.

Cowdry, aged 18, a student (Mr B. J. Drake) pleaded not guilty to a charge of driving without due care and attention before Mr A. P. Blair. S.M. “There is abundant evidence to show that this was a difficult night.” said Mr Drake. “It would be difficult to point out in what respect Cowdry failed to measure up to that of a prudent motorist.”

The Magistrate dismissed the charge.

TWO CHARGES DISMISSED Two charges of driving without due care and attention and having no driver’s licence on July 31 against Thomas Garrett, a painter and paperhanger, were dismissed.

Garrett, who was represented by Mr J. H. F. MacFarlane, pleaded not guilty to both charges.