Assault Charge Sequel To Incident In Scrum

Press, Volume C, Issue 29638, 7 October 1961, Page 12

Assault Charge Sequel To Incident In Scrum

(New Zealand Press Association)

NELSON, October 6. A charge of assault against Brian Leo Jurisich, a carpenter, of Nelson, which arose from a Rugby match between Wanderers and Rivals, two senior dub teams, at Wakefield on July 1 was dismissed by Mr G. A. Nichols. S.M., in the Magistrate’s Court at Nelson today. Jurisich, who was represented by Mr R. A. Fletcher, pleaded not guilty to a charge of assaulting Stanley Mitchell Irvine, a member of the Wanderers’ team. The Magistrate, after hearing five police witnesses, said there was insufficient evidence for a conviction. He was not satisfied from evidence that there had been a deliberate'assault. The blow could have been careless and it could have been accidental. Raymond Beresford, a dental surgeon, said that on July 2 he had extracted one of Irvine’s front teeth which had been broken off at the gum, and Denis Frank Cook, a spectator at the game, said he saw Jurisich hit Irvine.

George Dickson, a police constable, said Jurisich said that after a scrum someone was hanging on to him. He "flung” his right hand away from him and had felt it strike someone. A few minutes later he saw he had a cut on the back of his hand. The referee stopped play and Irvine left the field. “I deny, however, that I deliberately punched or hit anyone. I flung my arm to free myself,” said Jurisicb’s statement.

Irvine, in evidence, said he played in the front row for Wanderers and Jurisich was his opposite number. A scrum went down, it was Rivals’ ball, the scrum twisted slightly and he got in under Jurisich. “The trail went out and the next thing I saw was a fist about two inches in front of my face It dazed me. I had my hands by my side at the time," said Irvine. “I can think of no reason for the blow, except that I had been under hitn in the scrum.” To Mr R, A. Fletcher, for

Jurisich, Irvine said he had not tussled with Jurisich. He was quite certain he had not been holding on to him. He had not complained to the referee. Mr Fletcher—ls it not correct that your father wrote to the Rugby Union? Irvine: Yes. And no action was taken? —That is right. Have you not been an unwilling party to these proceedings?—Yes. Can it be inferred that, as you are an unwilling party, that you may have impeded Jurisich’s progress from the scrum?—No. Irvine said he would not have known what to do unless his father had taken some action. “My father made the appointment for me to see the police.”