Magistrate’s Court Nurse For Trial On Charge Of Striking Patient

Press, Volume C, Issue 29527, 31 May 1961, Page 7

Magistrate’s Court Nurse For Trial On Charge Of Striking Patient

A former nurse at the Templeton Hospital and Training School was com•m.tted for trial at the next sitting of the Supreme Court in Christchurch by Mr Raymond Ferner, S.M.. in the Magistrate's Court yesterday on a charge of striking a mental patient a: the hospital on March 12 The charge, which was brought under the Mental Health Act, was denied by the accused, whose name was suppressed The names of some of the witnesses were also suppressed Mr B J Drake appeared for the accused and the prosecutor was Sergeant T. A. A. Marson. The hearing, which extended over three days, began about a month ago Detective-Sergeant L. D Harrow’field said that after a complaint had been received from a doctor he carried out inquiries with Constable V. C Kepple. of the women's division. On March 24 he saw the accused, who was then s ngle. and outlined to her the alleged injuries, to the patient. “Very Serious” The accused said sne had been advised by the Public Service representatives no’, to say anything. Detective-Ser-geant Harrowfield said He told her that it was alleged she had ill-treated a girl patient by Jacking her. slapping her face, and pulling her hair He said to her that it looked very serious, and he warned her that she would probably be charged under the Mental Health Act The accused then decided to make a statement. She admitted that at times she had slapped the patient in the dining room. ‘‘lt has always been with my hands. I might have pulled her hair, but I never kicked her. She quite often would not eat her meal." the statement said. "Some of the allegations were not true. I could have pulled her along the passage by the hair. I remember when she would not get into bed I pushed her with the intention of putting her on the bed, but she went over the bed on to the floor on the other side.” said the statement. In a statement the accused admitted that there was extensive bruising on the patient's body and that the size of the bruises suggested that some quite severe force would have been required to cause them. "I could have been responsible for some of the bruises, but I certainly did not cause all the bruises,” said the statement. "I quite liked the girl and helped her with her schooling. She did have some annoying ways in that she would not eat her meals and would not go to bed. I do not consider that I lost my temper with the girl at anytime. although she did annoy me a bit when she would not go to bed on March 12.” the statement concluded Cross-Examination To Mr Drake. DetectiveSergeant Harrowfield said the statement was given quite freely. He admitted that parts of the statement were a result of questions put by him. He denied that he softened up the accused by telling her the matter was serious. The witness said he was surprised that a nurse who had given evidence against the accused a fortnight previously had helped to drag the patient along the corridor When the accused said in ‘.he statement she was responsible for some of the bruises

she did not say in what way she was responsible. The only eye-witness to the alleged brutal treatment of the patient was the nurse who had given evidence at the previous hearing. That concluded the case for the prosecution, and Mr Drake submitted that the ■police had failed to make out a pnma facie case. The patient, although 19. had a mental age of only six or seven years, and her evidence required corroboration. The nurse who had given evidence at the previous hearing bad not only failed to corroborate the testimony of the patient tn parts but had also contradicted her. In her evidence-in-ch:ef the nurse had given her testimony as though she was merely an onlooker, but under cross-examination she had admitted helping to drag the girl down the corridor She was the only substantial eye-witness. "Evidence Suspect" The evidence of the nurse was suspect because she showed herself to be an accomplice to the alleged offence. Mr Drake said. It was conceded that the girl had bruises on her body, none of which had been there long Some bruises were present before the date of the charge. The accused had admitted pushing the girl on to ‘he bed. but she was an unruly patient and the fact that she had fallen right over the bed on to the floor was merely an accident. There was no evidence of any mark or injury on the girl’s face as a result of 'he alleged slaoping. said Mr Drake. Prosecution witnesses had given evidence that the girl was very unsteady on her feet and that she had bruises on other occasions The police had acted on information about the alleged brutal treatment on the information of one nurse. “It would be unfair to the accused to take the matter any further," said Mr Drake. The Magistrate said that a prima facie case had been made out, and that the accused would be committed . trial. Mr Drake said that he had a number of witnesses for the defence present, and that the charge would be strongly contested. The accused was allowed bail at £5O, with one surety of £5O. “BAILED UP by POLICE DOG” After a complaint to the police at 7.15 p.m on Monday that a prowler was unlawfully on premises at, 420 Colombo street a constable and the police dog Buck went to the premises, and a man was found there, said Sergeant V. F. Townshend. “The man was bailed up m a corner by the dog within a few minutes,” Sergeant Townshend said. The only explanation he gave the constable was that he was passing through. Appearing before the Court was William Johnston Frew, aged 20. a workman, on a charge of being a rogue and a vagabond He pleaded guilty and was remanded by the Magistrate until Friday for sentence. When he was arrested the accused gave a false name and address, said Sergeant Townshend. The owner of the property found nothing missing. The accused had nothing to say when asked for an explanation of his actions by the Magistrate. DANGEROUS DRIVING Terence Michael McGrath, aged 19. was convicted and

fined £5 and his driver's l.cence was cancelled for 12 month* on a charge of dangerous driving in High street at 12.40 am. on January 21. He pleaded not guilty, and was represented by Mr R. G. Blunt. OTHER TRAFFIC CASES Other traffic offenders charged by the Christchurch City Council were dealt with j as follows: j Exceeding 30 miles an; hour: Peter Edward Benn, i £3; Basil Sidney Besley, £6j mo warrant of fitness, £3>;i Harry Edward Gordon Deb- i enham, £3; Rodney William! Ewen. £2: Ross Henry Har-I rmg'.on, £2; David de Joux Austin. £3: lan Roy Ballinger. £3; Exley John Barker, £2; Reginald Richard Barnden, £2; S'anley Arthur Blackmore. £2; Graham ■James Butterfield, £2; Owen Byfield, £2; George Gordon' Clarke. £2: Linda Cook, £3;< Murray Walter Cooper, £2 <failing to produce driver’s licence. £5: obscured number plates, £l>; Lynn Stewart Crawford. £4; Frank Driver. £4. David Graham Donachie. £2; lan G. Dunmill. £2: John Rodger Eastmond. £3: Charles Ell. £2: Martyn Robert England. £2i <no warrant of fitness, £2>;l Rodney William Ewen. £2:; Colin Alister Ferguson. £6 mo warrant of fitness, £3': I Robin Paul Fisher. £2:! James Fredric Garfield. £2:i Joyce Mary Fuller. £2; Alan: Daniel Galbraith, £3 <no safety helmet. £2); Robert James Gale £3: Barrv Alan Geddes. £2: Norman Gilmore. £3; Peter James Greenwood. £3 <no safety helmet. £2. no driver's licence. £5); William Aubrey Grey. £.3: Howard Desmond Hanson £5 'no safety he!-! met. £2>: Henk Wilhelmusl Hendricks. £1 10«; Victor: Laurence Hicks. £2: JoanMarjorie Hu'chinson. costs! only: Clinton John Inns, £2: Desmond William James. £2: Gordon Forbes Jeffrey. £2: John Kelvin Kennelly, £2 'failing to produce driver's licence. £5); Alexander Kirner. £2: Anthony James Lance. £2: John Clement Lee, £3; Raymond Leslie Leith. £2; Peter David Lackie, £2: Raymond Ivan Lawson Lockie, £2; Bernard Francis Long. £2: Ralph John Lyndon. £2; Brian McKay, £3: George Clyma McKay, £3: Michale Laurence Galway Walker, £2. Parking offences: William Christopher Bourke. £3: Jack Dum-pleton. £2; Dougas Hesse (3 charges) £l. £2 and £3: Arthur Morris Jackson. £3: David John Sin'es. £2. Faiing to give way at pedestrian crossing: lan Wayne Petrie, £3 (no warrant ot fitness. £l. driving vehicle other than specified on licence. £2). Insufficient lights: Barry James Robin. £3; Kenneth William Woodcock. £3. Failing to comply with traffic control lights: Barney McGonegal, £5. Failing to produce driver's licence: Leonard William James. £5 CIVIL CASES 'Before Mr R A. Jamieson S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses:— B. Smith, driver, to pay J. Van Hooten, £2l 3s 6d, ir. default 23 days' imprisonment; H. L. Ross, labourer, to pay Staffordshire Financial Corporation. Ltd., £lll 13s 3d, in default three months’ imprisonment, warrant suspended while £2 a week is paid; G. Clark, clerk, to pay E. V. Smith £3O 2s Sd, in default 30 days’ imprisonment, warrant suspended while £1 a week is paid; J. Robinson, factory worker, to pay A. M. Breese £6 0s lOd. in default seven days’ imprisonment; O. E. Merrie. storeman. to pay Randolph Coal and Wood Supply £3, in default five days' imprisonment; Edwin Morris Robinson. glass worker, to pay R. T. Simonsen £62. in default 62 days’ imprisonment, warrant suspended while £1 a week is paid; John C Pope to pay Ballins Breweries, Ltd., £57 17s Id. in default 63 days' imprisonment, warrant suspended while £1 10s a week is paid: A. A. Bruce, night watchman, to pay Hutchison Motors, Ltd.. £l9 10s, in default 20 days’ imprisonment, warrant suspended while £1 a week is paid; R. Simpson, salesman, to pay Paintin and Nottingham. Ltd.. £3 7s. in defiault seven days’ imprisonment: S. C. Johnston, worker, to pay Weston. Ward, and Lascelles £9 Bs, in default 12 days’ imprisonment, warrant suspended while £1 a week is paid: C K. Yeatman.: workman, to pay Frederick Cross and Sons. Ltd... £47 6s 6d. m default 47 days’ imprisonment, warrant suspended while £2 a week is paid; T. Griffiths, land salesman, to pay G. C Salt £37 6s 2d, j in default 37 days’ imprison-! ment. warrant suspended while £2 a week is paid;' C. J Hurrell. married • woman, to pay J Harney; £3 ss. in default three days’ imprisonment, warrant suspended while 5s a week is! paid; F. J. Menzies, salesman.: to pay N. M. McGowan £7.| in default 10 days’ imprison-i ment. warrant suspended! while £1 a week is paid; R i J. Barnett, worker, to pay! National Insurance Corrnanv of New Zealand. Ltd. £3 6s.j in default five days’ impri-| sonment