Detective Convicted Of Assaulting Elderly Man

Press, Volume CI, Issue 29828, 22 May 1962, Page 14

Detective Convicted Of Assaulting Elderly Man

(New Zeuiana Press Association)

PALMERSTON NORTH, May 21. A detective. Brian Anthony Toomey, who struck an old man he suspected of an offence was fined £lO for assault by Mr D. G. Sinclair. S.M., tn the Magistrate’s Court at Palmerston North today. Toomey pleaded not guilty. The Court was told Toomey assaulted Michael Joseph Moohan. when he was trying to get Moohan's name. A detective told the court that Moohan had left New Zealand since the assault Elizabeth June Stewart a school girl, said she saw Toomey tclking to Moohan who seemed to be trying to get away but Toorey was holding him Toomey hit the old man before he escaped and ran away.

A few minutes later she saw Toomev again talking to Moohan. Toomey punched Moohan. knocking him to the ground. Tan McKay a medical practitioner. said he saw Toomey accost an elderly man outside the Grand Hotel. Toomey punched the man several times before knocking him to the footpath. Francis Patrick Barry, licensee of the Club Hotel, said Moohan had come to the hotel in a distressed condition and bleeding freely

from his face Barry took him to the police station. Toomey said in evidence that at the time of the incident he was on leave. He had just gone into the Imperial Hotel with a friend when Moohan came into the bar Another man who was at the bar went out to the avatory and was followed by Moohan A short time later the other man returned sayng that Moohan had indecently assaulted him Later in the afternoon he saw Moohan He went up to Moohan to identify himself, but Moohan pushed past him and ran away A short time later he again saw Moohan who aimed a punch at him Toomey said he grabbed Moohan by the lapels of bis coat and shook him. When Moohan broke free he lost his balance and fell to the footpath. Bernard Thomas Leamy. a farmer,, of Ashhunt, corroborated Toomey's evidence The Magistrate said the evidence supported the view that Toomey had assaulted Moohan. Toomey had no identification card with him but persisted in following a man about the city questioning him He did not call the Palmerston North police.

He had considered the question of dealing with the case under section 42 of the Criminal Justice Act but he felt that Toomey had not been entirely frank, said the Magistrate.