Magistrate's Court Vian Convicted Of Assaulting Taxi-Driver

Press, Volume C, Issue 29622, 19 September 1961, Page 10

Magistrate's Court Vian Convicted Of Assaulting Taxi-Driver

Seized round the throat by a passenger in his taxi the driver lost consciousness and struck a power pole at Hornby on the evening of August 12, according to evidence given in the Magistrate's Court yesterday. The two men were injured and the taxi, insured for £ 1000, was destroyed by fire. Mr E. S. J. Crutchley, S.M., convicted the passenger. Francis Lewis Gibson, aged 55, a workman, on a charge of assault causing actual bodily harm to Douglas George Hobson, and on a charge of obtaining *£2 4s credit by fraud. Gibson, who was not represented by counsel, pleaded not guilty to both charges. Sergeant V. F. Townshend prosecuted. Robson, the taxi-driver, said he picked up Gibson and Jean Harman, a married woman,, in Cathedral square at 6.30 p.m. on August 12. Gibson asked him to take them to Rollefton.

"Gibson said he had the money,” said Robson, At Rolleston he was asked to continue to Burnham where Harman got out of the taxi. Gibson made to follow her but was stopped by Robson who asked him for the fare, £2 4s. Gibson replied: “You’re not getting any money odt of me” and Robson told him that unless he put the fare on the front seat, he would take

him to the police station in Christchurch. Gibson refused. Another taxi-driver pushed Gibson back into the back seat of the taxi and Robson started to return to Christchurch. Just before Hornby, Robson called his office and was told to. go to the Central Police Station. "The defendant, who could hear all the conversation, asked me what I was doing,” said Robson. “I said that unless he paid me £2 4s I would take him to the police station. J He said Gibson threatened him and Robson replied; "If you lay a hand on me you will be really for it.” Robson said he then felt Gibson pulling him back. “I was driving with -one hand, as I was trying to put a call ln a second I was right out to it.” Robson said he suffered lacerations to his scalp and throat, a broken foot bone, a broken Jaw and a bruised chest. He was in hospital for nearly three weeks. Robson said be had the impression Gibson had been drinking but he was not drunk. Richard Greig Reed, a house surgeon at Burwood Hospital, [said the time for a blackout to occur from pressure on the'throat Was .variable, but i the' nervous reflex could ;Cause people to faint instantaneously. Robson’s general health, was quite good. \ Jean' Harman, Gibson’s companion, said she thought Gibson hired'’the taxi. Gibson “wasn’t tejribly drunk and he wasn’t terribly sober,” she said.

Joseph William Reilly, the radio* telephone dispafoh operator at the taxi office, said Robson completed one sentence. He heard a series of gasps and- grunts for about tour seconds. Basil Edward Sexton described the taxi hitting the pole. By the light of the flames, he said he saw the (driver slumped over the wheel. He wrenched the I doors open and his 15-year-old son, Winston, and Dennis Conner dragged out the passenger. Conner and Mr E. J. Morton dragged out the' driver. Detective R. J. Crooks said Gibson told him he could nbt remember being in a taxi that night. Gibson said, he had been drinking all day. Gibson- declined tor give evidence. The Magistrate Said he considered the charge was a proper one. “The defendant' has no answer to the charge of credit by fraud and has given no evidence in rebuttal that he placed his hands around the complainant’s neck and that constitutes assault,” said the Magistrate. “In these circumstances, putting aside intoxication, a person who puts his hands around a driver’s neck could, and should, expect some disastrous happening to occur, and for these reasons the defendant must be convicted.” He commended the "very proper and courageous action of Mr Sexton in rescuing the two men from the taxi.” Sergeant Townshend said Gibson had “38 previous convictions mostly for z dishonesty of • serious nature.”

Gibson was remanded in custody for a week for a probation officer’s report and sentence. (Before Mr A. P. Blair, S.M.) STOLE FROM COMRADES David Stephen Harlow, aged 21, a soldier, was placed on probation for 18 months and ordered to make restitution of £l5 10s when he appeared for sentence on a charge of theft at Burnham on August 13. “It is a pretty mean thing to steal from your fellow soldiers and I hope you are ashamed of yourself,” the Magistrate said. FINED £lO Sam Smith, aged 22 (Mr A. F. Wilding) was fined £lO when sentenced on a charge of unlawfully taking a motor vehicle at Christchurch on September 9. The Magistrate said he had taken into Recount the fact that Smith had spent two weeks in custody. ASSAULTED GIRL A 39-year-old metal polisher, Wilkie Campbell, was convicted on a charge of assaulting a 19-year-old girl in her flat at 324 Hereford ■street on the afternoon of September 9. Campbell, who pleaded not guilty to the charge, was remanded on bail to September 25 for a probation officer’s report and sentence. The girl said she was asleep in bed when Campbell knocked at her door. He was drunk and said he had lost the key to his flat, upstairs. He then assaulted her.

Campbell said: “I was drunk all day Friday, all Friday night, and all day Saturday. I don’t remember' a thing.” “I think whichever way you look at it your conduct that day was disgraceful,” said the Magistrate. ASSAULTED POLICE When police went to a house in Barbarizes street early on September 17, they heard David Anthony Petterson shouting obscenities so loud they could be heard "possibly a block away,” said Sergeant B. D. Read. Petterson, aged 18, pleaded guilty to three charges of assaulting police, a charge of resisting police, a charge of using obscene language, and a charge of common assault. He was remanded in custody till September 25 for a probation officer’s report and sentence. Sergeant Bead said Petterson was at a party at 290 Barbadoes street. He punched the host, Arthur Thomas Brook, in the mouth when asked to leave, about 12.40 am. When the police .arrived, Petterson punched Constable N. J. Stokes in the chin and kicked Sergeant R. G. Gargetit in the groin. The police had to handcuff Petterson and hold him down during the tourney to the police station, said Sergeant Read. At the police station, Petterson again punched Sergeant Gargett, this time knocking him unconscious. HINDERED POLICE "The real trouble is that you were thoroughly intoxicated and you made a nuisance of yourself in front of your grandmother’s house,” said the Magistrate when fining Francis Brian McCarthy, aged 23, £lO on a charge of -hindering the police on September 9. He was ordered to make restitution, 10s, for damage done to a constable's uniform.

McCarthy was convicted and discharged on charges of disorderly behaviour and wilful trespass. He pleaded not guilty to all charges and conducted his own defence. The charges arose out of incidents at the home of McCarthy’s grandmother. Olive Christabel Trembath, at 15 Auburn avenue. Upper Riccarton, on a Saturday evening. “Your grandmother is an elderly woman and not very well and when you behave yourself you are welcome at her home, but is is clear that on this occasion you made a nuisance of yourself,” said the Magistrate. Sergeant Read said McCarthy had five previous convictions. INTOXICATED DRIVER -An apprentice carpenter. Gavin Anthony Taylor, aged 20, was fined £4O and prohibited from driving tat three years, when be appeared for sentence on a charge of driving while under the influence of dritdc or drugs on August

12. He pleaded guilty last week when he was remanded for a probation officer's report. Mr W. F. Brown appeared for Taylor. The Magistrate said Taylor's good character and age had saved him from imprisonment. CARNAL KNOWLEDGE Lucky Tulouga, aged 23. who appeared for sentence on a charge of carnal knowledge and of harbouring an escaper from a child welfare institution was fined £lO on each charge. He was given one month to pay his fines. ‘This is your second appearance in Court in a short time,” said the Magistrate to Tulouga. “Unless you obey the laws of New Zealand you will be sent back to Samoa.” RAPE CHARGES Two youths charged with rape at Christchurch on September were remanded to September 25. < The youths. Shane Peter Mathew Murphy and Russell Wilfred Nolan, were represented by Mr R. L. Kerr. Murphy was allowed a renewal of bail and Nolan was remanded in custody. BAIL GRANTED The police again opposed an application for bail for Robert tester Syme, aged 45. a company director, but after hearing evidence in chambers the Magistrate remanded Syme on bail to September 25. Syme appeared on 34 charges of. false pretences, forgery, theft by failing to account, theft by misappropriation, theft aggravated assault and presentation of a firearm.

Mr A. C. Perry, for Syme, said the charges arose from hire-purchase agreements by

Truck Spares. Lid., of which Syme was managing-director. The preparation of the defence required that he be released on bail, Mr Perry said. Sergeant B. D. Read sai<i that when Syme was arrested he had a loaded rifle and threatened a detective. Syme had also told the police he could leave New Zealand whenever he wanted. FOUND DRUNK Neil Francis Mahahn. aged

33. a timber worker, was fined £2 on a charge of drunkenness. REMANDED Robert Marshall Williamson. aged 22, a workman (Mr H. S. Wood), was remanded on bail to September 25 when he elected trial by jury on a joint charge of housebreaking and theft and theft valued at £22 13s 2d. Wayne Maurice Carstairs was remanded in custodv to September 25 when he pleaded guiltv to charges of theft of 7s 6d from a house at Governor’s Bay and a charge of assault. He *was remanded to September 20 on a joint charge of housebreaking to which he pleaded not guiltv Mr H. S. Wood, for Carstairs, sought bail which was opposed by Sergeant Read. On a charge of disorderlv behaviour on September 16. Ashton. Clifford Salter, aged 20 (Mr R. L. Kerr) was remanded on bail until September 25. Charged with ship desertion at Bluff on June 24, Gordon David Huff was remanded in custody- until September 21. (Before Mr E. A. Lee. SM.) £27 DAMAGES

Frederick Taita. who appeared for sentence on a charge of theft, a charge of assaulting a policeman, and a charge of resisting a policeman, was admitted to probation for two years and ordered to pay £27 10s 6d danfages. A special condition of his probation was that he accepted the probation

officer's direction in his financial affairs. "You are in trouble in every way. You face serious charges and you are in serious financial difficulties" said the Magistrate to Taita “You will have to settle down and keep your hands off other people's property or you may find yourself in prison.”