Magistrate’s Court JOINT CHARGE OF ASSAULT WITH INTENT TO ROB MAN

Press, Volume XCIX, Issue 29384, 10 December 1960, Page 4

Magistrate’s Court JOINT CHARGE OF ASSAULT WITH INTENT TO ROB MAN

Because he held there was no certain proof of what had been 6stolen from Thomas Arthur Atkinson, caretaker at the Hastings racecourse, when he was attacked on the railway footbridge near Madras street at 12.30 a.m. on November 13, Mr E. A. Lee, S.M., in the Magistrate’s Court yesterday, reduced a joint charge against two youths of having robbed Atkinson, to one of having assaulted Atkinson with inktent *to rob him.

The two accused, Martin Joseph Hickey, aged 18, a freezing works labourer (Mr B. J. Drake), and Garry Toko Te Pairi, aged 20, a workman (Mr G. S. Brockett), had pleaded not guilty to a charge of robbing Atkinson when the case opened on Thursday. Te Pairi pleaded guilty to the reduced charge of assault with intent to rob, and Hickey pleaded not guilty.

Hickey also faced a charge of robbing Brian lan Goodwin of a wallet and papers valued at 6s in Barbadoes street on November 27, to which he pleaded guilty. On the charge against Hickey of assaulting Atkinson with intent to rob him, the Magistrate reserved his decision after submissions by Mr Drake that the charge should be dismissed, as the only objective evidence against Hickey was that he was found in the area after the assault. and there was nothing on his person to show that he had been involved in an assault. Both accused were remanded to December 15 on all charges. Hickey for sentence on the charge of robbing Goodwin, and Te Pairi on the charge of assault with intent to rob. Te Pairi was granted bail of £lOO in his own recognisance with a similar surety, but Hickey was refused bail, the Magistrate saying he had robbed Goodwin while on bail on the other charge. On Thursday, Atkinson gave evidence that he was attacked from behind and knocked to the deck of the bridge. While on the bridge he received a kick in the mouth which broke his teeth, and some person went through his pockets. He did not see the persons responsible. Detective B. J. Preston had given evidence of interviewing Te Pairi, he said, who admitted he and Hickey had been responsible for the robbery. Te Pairi had made a statement to this effect, and when a copy of it was shown to Hickey, he read it and said that was right. Questioned yesterday. Detective Preston told Mr Drake he did not ask Hickey what he was referring to when Hickey said "that was right.”

Mr Drake said it would be dangerous to convict Hickey, particularly in view of the principle relating to the evidence of one accomplice against another.

Referring to the charge against Hickey of robbing Goodwin/ Sergeant T. A. A. Marson said police were informed that Goodwin had been found lying in the gutter near the Barbadoes street cemetery. He was found semiconscious. and had suffered facial injuries in the attack from whicn he was bleeding profusely. Goodwin told the police he had been attacked from behind and kicked several times while lying on the ground. Sergeant Marson said that Hickey, when interviewed, admitted robbing Goodwin. While walking along Barbadoes .street with a male companion and two girls he had seen Goodwin ahead and for some unknown reason ran up behind and attacked him. He was under the influence and could not remember taking the wallet. DROVE WITHOUT CARE George Abey, aged 41, a barman, had committed two grave breaches of duty while driving along Waimairi road on the evening of October 17 by failing to see an oncoming car. and striking the car on his incorrect side of the road, said the Magistrate. He fined Abey £lO for driving without due care and attention, and cancelled his driving licence for six months. “If you are going to travel on your incorrect side of the road you should see that your action does not endanger other traffic,” the Magistrate told Abey. Abey said he had pulled over on the road as there were construction works on one side. He said there should be a notice erected warning motorists of the work. CHARGES DISMISSED A charge against Douglas Thomas Killick, aged 20, a truck driver (Mr G. C. P. Beadel), of driving without due care and attention at the intersection of Lichfield, High, and Manchester

streets on October 27 was dismissed.

A charge against Desmond Phillip Mauger, aged 19, an apprentice mechanic (Mr B. J. Drake), of driving without due care and attention in Edgeware road on October 27 was dismissed on payment of witnesses’ expenses by the defendant. (Before Mr A. P. Blair, S.M.) DISCHARGED

After taking his partner home from a ball at 4 a.m., a 20-year-old clerk, who had consumed a lot of liquor and was feeling dry, found the sight of a bottle of milk too much of a temptation for his very dry palate, said his counsel. Mr A. D. Holland.

The youth, who was granted suppression of his name, pleaded guilty to a charge of theft of a bottle of milk outside the Orange Hall. Worcester street, on December 9. •

The Magistrate agreed with the police prosecutor (Sergeant V. F. Townshend) that the defendant’s action was more stupid than criminal, and discharged him without conviction. THEFT ALLEGED

Murray John Cassidy, aged 29 (Mr A. D. Holland), was remanded to January 19 on a charge of theft of a bag of sweets, valued at 10s 9d. at Lyttelton on November 1. He was allowed bail at £5O, with a similar surety, and was ordered to report weekly to the police. LICENCE CANCELLED Stopping David William MacDonald, aged 18, after checking him at 70 miles an hour on a motor-cycle with a pillion passenger along Colombo street. Constables A. G. Dailey and R. D. Cumming, who were in a patrol car, found that his motorcycle had no lights, no warning device, no registration plate, and no warrant of fitness, and that he had no driver’s licence to carry a pillion passenger and no safety helmet, said Sergeant E. S. Tuck.

MacDonald, who did not appear, was fined £2O and his driver’s licence cancelled for two years on a charge of driving at a dangerous speed on November 6. He was fined £2 for having no safety helmet, and £1 on each charge of having no warrant of fitness and not. having a registration plate affixed-. He was convicted and discharged on each charge of having no lights, no warning device, and- carrying a pillion passenger ' while restricted. DANGEROUS DRIVING’

Approaching the bottleneck at the intersection of Colombo. High and Hereford streets, from High street, Peter James Olin, who was driving an old-model car at a high speed, passed a car on the intersection and then drove erratically between two rows of cars going the opposite way, said Constable R. D. Cumming. The incident took place at 1 a.m. when the traffic lights were not in operation, he said. Olin, who did not appear, was fined £l5 and his driver’s licence cancelled for one year on a charge of dangerous driving on November 5. DROVE WITHOUT CARE William Kendrick Whale, aged 19, a clerk, was convicted and fined £6 on a charge of driving without due care on October 22 at the intersection of Linwood avenue, Woodham road, and Avonside drive. The car he was driving collided with another vehicle. Whale, who was represented by Mr A. D. Holland, pleaded not guilty. On a charge of having no warrant of fitness, to which he pleaded guilty, he was fined 10s. OTHER TRAFFIC CHARGES On other traffic charges brought by the police, offenders were dealt with as follows: Driving without due care: Edward Roland Lindstrom, £4: Edward Tagg, £4: Edgar Bekeris. £4: Peter John Bingham, £6; Dorothy Ellen Reid, £4; William John Tait, £2. Failing to give way: Douglas Arthur William English, £5; Claude Glanville. £5; Christopher John Robin Neale, £6 (failing to produce driver’s licence, £3); Bruce Whitford Steele, £3 (no warrant of fitness, 10s); Clifford Thomas Edwin Grainger, £3. No driver’s licence: David Dennis LyalL £3 (no warrant of fitness, £1 10s); Anthony Keith Marriott, £3 (no warrant of fitness. £2). Carrying pillion passenger with L plates: Bruce Allan Fraser, £3. No warrant of fitness: Gordon Thomas, 10s; Cyril Tomlins, £1 10s; Graeme John Walker. £l. Pedestrian failing to comply with traffic lights: Trevor Wilkie, £3.