Magistrate’s Court Charge Of Disorderly Conduct On Excursion Train Dismissed

Press, Volume CI, Issue 29898, 11 August 1962, Page 14

Magistrate’s Court Charge Of Disorderly Conduct On Excursion Train Dismissed

A policeman slapped tils face and swore at him on the Arthur’s Pass excursion train on June 1, David John Sintes, an electrical apprentice, aged 18. alleged before Mr A. P. Blair, S.M., in the Christchurch Magistrate's Court yesterday. Sintes (Mr J. H. F. Macfarlane) pleaded not guilty to behaving m a disorderly manner by throwing a bottle at Pamela Anderson, aged 18 The charge was dismissed. Sergeant V. F. Townshend prosecuted for the police. Pamela Anderson said she and her girl friend were sitting opposite Sintes and his companion. The -carriage was full and it was noisy. She looked up and saw Sintes motioning with an empty soft-drink bottle. He said he was going to throw it.

"I looked back at my book and next thing he threw it. The bottle broke A piece struck me on the lip and it started to bleed." Two stitches were put in the cut at the end of the journey, she said To Mr Macfarlane. Anderson said she and Sintes had thrown paper darts at each other on the journey. After the accident Sintes appeared concerned, going to fetch a nurse and telephoning her home later.

Sintes had something in the bottle that was “definitely not lemon squash," Anderson said. Constable J. J. Coleman said he took Sintes to the guard’s van where he admitted throwing the bottle, thinking the girl would catch it. Mr Macfarlane: Did you lay your hands on the defendant? Coleman: I think I tugged him by the arm and dragged him up the passage. Mr Macfarlane: And in the guard’s van? Coleman: I might have. Mr Macfarlane: Did you slap the defendant? Coleman: No. He was satisfied that Sintes was not drinking. Coleman said. "The only explanation I can put forward is that the bottle slipped,” Sintes said. He said he had swung the bottle toward the girl, pretending to threaten her with it.

When he was taken to the guard's van, the policeman slapped his face and swore at him, Sintes said. This was after he denied having liquor. To Sergeant - Townshend, Sintes denied trying to “draw a red herring across the case” by alleging misconduct by the police constable. The Magistrate later ruled any reference to the alleged face-slapping inadmissible. “If the defendant wants that investigated he can make the appropriate complaint and have it investigated.” he said.

Although foolish. Sintes’s conduct was not enough to establish disorderly behaviour i (he Magistrate said. ' “I find it hard to imagine I that that a young man did throw, a bottle with force, hoping to strike a girl or to shatter the bottle.” he said. “If he did do that it seems to me Shat he should ' be put in an institution.” He would aecept that the i bottle was thrown accidentally. “There was certainly a 10l of skylarking on the train—a bit of boy and girl stuffthrowing paper and so on I regard this bottle-throwing as part of this foolishness and no mon;." said the Magistrate. FINED £25 Celebrating the birth of his i third child, Joseph Carl Taiejpatea went further than he t should have done, and ended ' up in Cathedral square making a nuisance of himself, said Mr IP. G. S. Penlington ! Taiepatea was fined £25 on a ; charge of offensive behaviour on August 2. On two charges of assaulting the police he was convicted and discharged. “A person who behaves like this deserves little sympathy, but this man is extremely i sorry." Seigeant Townshend | said. He said Taiepatea had apologised twice to the police, and m a letter to the constables. The Magistrate said he had changed his mind about sending Taiepatea to prison after listening to Mr Penlingtob OFFENSIVE BEHAVIOUR “To say the least, this person must have a warped sense of humour" said Sergeant (Townshend when William RobI ert Woodcock, aged 51, a workI man appeared on two charges

of behaving in an offensive manner on July 2. Woodcock (Mr M. J Glue) pleaded gMfity to both charges and was fined £lO on each Woodcock stopped his truck tn Tonbridge street where a woman saw him making offensive gestures with bis bands, said Sergeant Townshend The woman’s two children were walking beside the truck at the time. Another woman saw Woodcock making the same gestures at the same time When Woodcock was iatei interviewed by the police he admitted the offences and said he did not think it was wrong said Sergeant Townshend Woodcock had nine previous convictions, some tor indecency FINED £4O “You should be old enough not to behave tn this rather callous manner," the Magistrate said to Meiyn Douglas Hart, aged 19 (Mr R G Blunt), appearing for sentence on two charges of unlawful carnal knowledge. Hart was fined £2O on each charge Mr Blunt said the girl had consented and the girl’s mother was quite willing to look after the child WILFUL EXPOSURE Appearing for sentence on a charge of wtlful exposure on June 27. Frederick Alexander Simpson, aged 27, a bricklayer (Mr M. G L. Loughnan). was fined £25 Mr Loughnan said it was not the usual type of offence of this nature, and the accused was now under medical treatment. STOLE BICYCLE Pleading guilty to theft of a bicycle at Sydenham, on July 19, Peter James Shaw, aged 18, a factory hand, was remanded on bail to August 17 for sentence. Shaw had 21 previous con-victions—-all tor dishonesty. Sergeant Townshend said. STOLE CHEESE Pleading guilty to theft of cheese worth 2s 2d from Sell Help Ltd. Colombo street on June 28 Christina Burrowes (Mr M, J. Glue) was convicted and ordered to come up for sentence if called on in 12 months. FOUGHT LN PUBLIC After an argument in a car about a personal matter two brothers started fighting, said Mr R. B. Shand. In the of safety the driver stopped the car. Tile brothers, whose names were suppressed pleaded guilty to fighting in Westminster street on July 7. They were discharged under Section 42 of the Criminal Justice Act ALLOWED INDECENT ACT Accepting that Donald Leslie Ringdahl had suffered as a result ol his appearances in Court, the Magistrate convicted him and ordered him to come up for sentence in 12 months If called upon. Ringdahl aged 21. married (Mr A K Archer), appeared for sentence on a charge of permitting an indecent act to be committed on him at Christchurch on July 27. FALSE PRETENCES Pleading guilty to a charge of false pretences at Blenheim on December 29. Euan Riddiford Ash aged 31 (Mr M J Glue) was convicted and remanded in custody until August 17 lor sentence Sergpant Townshend said the licensee of the Hotel* Marlborough. Blenheim. cashed a cheque tor £3O for the accused The cheque was signed J Wood and returned by the bank marked “no account ” The accused had 13 previous convictions said the sergeant CHARGES ADJOURNED Twenty-five charges of breaches oi the Social Security Act against Colin Alfred Williamsou. aged 35. a chemist (Mi B J. Drake) were adiourned until August 17 FINED £5 Russell William Archbold aged 19. a ear painter (Mr D J. Hill) was convicted and fined £5 on a charge of driving without due care and attention in Ensors road on June 3 Archbold pleaded not guilty REMANDED John Bruce Coull aged 24 a -arpenter. was remanded oi bail to August 17 on charges af driving while under the Influence at drink or drugs, dang emus driving and failing to stop after an accident in Baibadoes street on August 9 Michael Joseph Jones aged 47 charged with being unlawfully on enclosed premises without intent on August 1. was remanded on hail until August 17 Dale Keith James Edwards aged 28. electing trial by jury on a charge of indecent assault on July 27 was remanded on ball until August 29. Electing trial by jury on a charge ot permitting an indecent act to be committed on July 30. William John Best, aged 43. was remanded on bail until August 29

Alter pleading not guilty David Arthur Bergerson was remanded on bail to August 17 on a charge of being a rogue and vagabond, having been found in an enclosed vard In Tuam street on July 24 After electing trial bv jury or a charge of being on premises in Kilmore street with Intent to commit a crime, between July 20 and July 22. Robert Gourley aged 2ti. a labourer, was remanded in custody to Angus' 17 He was also remanded or a charee of false pretences or July 23. and attempted fals< pretences on July 26 (Before Mr E A Lee S M I TAKING THE RAP" ‘■With the gravest reservations I feel 1 must accept youi explanation." said the Magis

irate when dismissing a charge against Albert Peter Wright, aged 26, a scrap metal dealer, of theft of a spanner valued at £2 at Cheviot between June 15 and 18 A charge bf theft of two batteries and a shovel valued at £23 between the same dates was also dismissed. The Magistrate said he was ndt satisfied that the batteries found in the possession of the accused bad been identified as those stolen at Cheviot.. There was no evidence to show that the stolen shove) had been in his control he said. Stanley Patrick Delaney, aged 21. a scrap metal dealer, was jointly charged with Wright on both offences, and pleaded guilty to each Both accused were represented bv Mr G R Lascelles. Delaney was convicted and remanded to August 17 for sentence “1 have my gravest suspicions that Delaney is taking the rap for reasons best known to themselves.” the Magistrate said. DETENTION ORDERED Thomas Stewart Raye. aged 19. a deer culler, was ordered to be detained in a detention centre when he appeared for sentence on a charge of theft of 3s Id in money on August 3 “You have had vour opportunity and been rele.-sed on probation. You commenced to steal forthwith." said the Magistrate. ASSAULT IN BEDROOM On a charge of assaulting Athol Norman Davey on August 3. Douglas Green, aged 37. a workman (Mr M. J. G'ue). was convicted and fined £l5 He pleaded not guilty. The assault took place in a bedroom at 133 Packc street Both the accused- and the witness. Davey, claimed in evidence that the first blow was struck by the other. The Magistrate said that even if Green's story were true, which he doubted, the accused had used force far beyond what was necessary to defend himself. “It was violent aggression,” he said.