Supreme Court Four Men Deny Charge Of Unlawful Assembly

Press, Volume C, Issue 29520, 23 May 1961, Page 10

Supreme Court Four Men Deny Charge Of Unlawful Assembly

A charge of unlawful assembly was denied by Graham William Dempsey, aged 20, Dennis Norman Canavon, aged 18, Lucky Tul-

ouga, aged 21, all workmen, and John Richard Vivian, aged 19, a driver, in the Supreme Court yesterday before Mr Justice Richmond and a jury. The accused were charged that they, on March 4, 1961, at Christchurch, with John Maea Fonotea and others, with intent to carry out a common purpose, to wit, to impede or hinder the conduct of a dance at the Scot-

tish Society Hall, in Edgeware road, did assemble in such a manner and did so conduct themselves when assembled as to cause persons in the neighbourhood of such assembly to fear, on reasonable grounds, that the persons so assembled would disturb the peace tumultuously. Evidence for the Crown had not been completed when his Honour adjourned the trial until today. Sixteen witnesses are to give evidence for the Crown, and the trial is expected to end tomorrow.

Mr C. M. Roper conducted the case for the Crown. Mr R. G. Blunt appeared for Dempsey, Mr C. B. Atkinson for Canavon, Mr B. J. Drake for Vivian, and Mr D. J Hill for Tulouga.

Defence counsel challenged 20 jurors during the empanelling of the jury, and the Crown stood three aside. On the application of Mr Drake, witnesses were excluded until called to give evidence. Crown’s Case The tour accused faced a charge of committing an offence against the public order, said Mr Roper, opening the case for the Crown. “It will probably be said later during this trial that this charge of unlawful assembly is an unusual one The Crown says that this is not the case. The charge ,is contained in a section of our Crimes Act which is not often used, but it is there to be used against an unruly element that threatens the public order, and the Crown presents this as such a case,’’ Mr Roper said.

The Crown had to prove that the four accused, with others, assembled with an intention to carry out a common purpose, that there was a reasonable fear of a breach of the peace, and that this fear was caused by the manner in which the accused, and others, assembled. “Each of these three elements must be proved against each of the four accused, and the manner in which they assembled is the all-impor-tant element.”

The Intermediate Loyal Orange Lodge held a dance fortnightly, on Saturday evenings, at the Scottish Society Hall. On March 4. tne dance was attended by about 500 patrons. It had to be

stopped after a gang of youths, including the four accused. had reduced its orderly conduct to near chaos.

“Each witness for the Crown will tell of seemingly isolated and disconnected incidents. This was a dance attended by about 500 patrons. a gang of youths numbering from 10 to 20. and a number of policemen. The Crown could not be expected to trace every movement of the accused. The Crown does not have to prove its case mathematically, but to prove it beyond reasonable doubt. You will be asked to use your common sense in building up the whole picture.” said Mr Roper. He said that the jury, as the evidence unfolded, might wonder at the absence of a Samoan, John Fonotea. The jury might think it a fair inference from the evidence that Fonotea initiated the whole affair. “Fonotea has already appeared in the Magistrate’s Court and has been dealt with. Others have also been dealt with by that Court " His Honour said that "dealt with’’ did not mean that Fonotea was acquitted or convicted by the lower Court. The jury must remain mystified on that point Party Near Hall Mr Roper said the Crown evidence would be that on March 4 a party was held at F’onotea’a house in Edgeware

road not far from the dance hall. About 30 persons, boys and girls, were at this party, and there was some drinking. About 9.30 p.m., Fonotea, the accused Tulouga. and four or five others at this party decided to go to the dance. Outside the dance hail a boy Willi a bicycle was assaulted by Tulouga, Mr Roper said. Fonotea and Tulouga then attempted to go to the dance. They were wearing jeans and, as the dance committee had a ruling about clothing, they were refused admission. The two then left the dance hall, and joined a group over the road.

The doorkeeper, expecting trouble, went to a telephone and heard the group calling out. He heard someone say that there was going to be a fight and to go and get the gang.

Fonotea and Tulouga and the four or five other youths then rejoined the party at Fonotea’s house. The two changed out of their jeans, and with a number of other youhhs at the party went to the dance hall.

“Fonotea and Tulobga and the others were admitted to the hall and fighting started. The doorkeeper tried to get on to the floor, but cbuld not force his way through the crowd. He then returned to see if the cash box. Ijeft with a young woman, was safe. “A body of youths then entered the dance hall, some paying and others juist pushiPr- .Dempsey. Canavon and Vivian were in this group. Vivian hit a dance patron, splitting his lip. “All the girls who were at the party at Fonotea’s place remained there. The Crown suggests you may think this significant in relation to its case that the accused were part of a group assembling with the intent of causing trouble at the dance.” Mr Roper said. Kicked Door He said the door on to the street at the dance hall was closed, with some youths inside and some outyoutihs outside kicked and banged on the door and demanded admission.

, The P° lic e arrived at this stage. The door was opened and the policemen and some of the youths outside went in wa » « ffhtin S outside vhe naL and inside, wsth the youths fighting the dance patrons and the police. The Police finally closed the aance.

Mr Roper said the evidence would be that the accused Vivian knocked down n younth. Wayne Georw Beaton split his lip so that foU ( 'L stl -j£ hes had be in--7116 aecuse d Tulouga Dempsey, and Canavon were seen milling about with eight or nine other youths on the dancer s fl ° Or ’ obstructl "K the The Crown’s case, said Mw?^ r M?’ as the accused, with other youths, assembled at or near the dance hall with the intention of hindering the conduct of the dance an ?e?r°?h that Bave readable nf‘‘L there w ' ould he a breach of the peace.

“The crux of the case will '?™ bab ! y h? wh( *ber the four S e V“ h oth *r S . had an intent to carry out a common purpose. The Crown says they did— 1° interrupt the dance.” Mr Roper gaid

Hostile Witness James Arthur Brookimr aged 18. the first witness To* the Crown, gave evidence of being at Fonotea’s place and of going to the dance. When he said he could not remember the accused Vivian u? ? 8 any * hing at the dance hall, Mr Ropers application to have the witness declared hostile was granted by the Court. ,

Cross-examined by Mr Roper about a statement <produced) he made to the police, the witness agreed he had said he saw Tulouga knock down a boy outside the dance halL

“I did not see Tulouga knock down the boy. It was Fonotea who did it. I only knew Fonotea and Tulouga l y their nicknames when I made the statement. It was really a mistake It was not Tulouga who knocked the boy down,” the witness said to further questions. The witness agreed he had said he saw Vivian “take a swing" at someone on the -dance floor, but added that

Vivian had not hit anyone.

The witness said he went to the dance as a result of something Fonotea was saying at the party. He could not say if any of the accused heard what Fonotea was saying.

Anthony John Marshall, a service station attendant, said he was at the dance until 9.30 p.m with Christopher Wood. He was pushed from his cycle as he left the hall, said the witness. When he was remounting, Tulouga came over and said, "Are you sorry?” The witness said he replied: “What for?" Tulouga then struck him on the face. Evidence that he assisted the doorkeeper at the dance was given by lan Donald Arnott, a student. He said that when Fonotea and Tulouga were told they could not get into the dance because they were wearing jeans they seemed restless, but caused no trouble.

When Fonotea and Tulouga came back, they were admitted to the dance on condition that they did not cause trouble. When the police arrived some youths got in without paying. He saw two Samoans, one of them Fonotea, being removed by the police. Two-thirds of those in the hall were at a standstill. Rang The Police Lewis Clark McKirdy, an apprentice compositor, said that up to March 4 the conduct at the lodge dances at the hall was very good. He said he telephoned the police after he saw “a gang of youths across the road." When he came back from the telephone box youths would not let him to the door, and he had to force his way back into the dance hall. Leslie Francis Desmond Columbus said he was doorkeeper at the dance that evening. Fonotea and Tulouga had been turned away because of their dress. Lester, Fonotea and another youth, Kellaway, were admitted when they returned.

Dempsey. Canavon, and Vivian were included in the group that entered the hall when the door was opened to let in the police. There was a fight going on in the hall. There was a lot of banging ind kicking on the outside of the door, which he had shut again, the witness said.

“Canavon said. ‘lf you don't open it. I’ll kick the bastard door down’." the witness said. As soon as police reinforcements arrived, he opened the door.

Some of the girls at the dance became hysterical, and some left. He telephoned the police for more reinforcements—a third lot.