Magistrate’s Court Remanded For Sentence On Assault Charges

Press, Volume CIII, Issue 30480, 30 June 1964, Page 9

Magistrate’s Court Remanded For Sentence On Assault Charges

Richard Bernard McKernan, aged 42, a fish shop proprietor, was convicted in the Magistrate’s Court yesterday on two charges of assaulting constables, a charge of assaulting William Stephen Horton, and a charge of wilfully damaging a pair of trousers belonging to Horton on June 20. He pleaded guilty before Mr K. H. J. Headifen, S.M., and was remanded on bail until July 3 for sentence. Sergeant S. Byers said that Horton had ordered fish and chips at the accused’s shop in New Brighton road and was waiting, with his wife at the counter when he accidentally rang the bell. The accused rushed out from' the back of the shop, demanded to know who rang, and used obscene language.

Mr and Mrs Horton said they did not wish to make a purchase, and left the shop. McKernan rushed after them, grabbed Horton by the seat of his trousers, ripping them, and then punched Horton twice on the jaw. Horton threw the accused on the ground, where they scuffled until the accused returned to his shop. Sergeant Byers said that McKernan later appeared at the door of the shop, waved a long carving knife at Horton, and said: “Come over here and I will kill you with this.”

The damage to Horton’s trousers was estimated at £7. Horton was not injured in the assault.

Constables P. P. Brady and B. G. Davidson went to the shop to interview McKernan, and found the shop locked. When Constable Brady spoke to the accused through a locked door at the rear of the shop McKernan abused the constable, refused to be interviewed, and threatened to gut the constable if he came into the shop, said Sergeant Byers. A woman in the shop with McKernan opened the door and both constables 'entered. While Constable Brady was talking to the woman McKernan approached, waving a knife, and threatened to use it on the constable. The constable tried to reason with him, but he continued his abuse, and waved the knife about.

While Constable Brady was Out of the shop calling for assistance McKernan rushed around a counter at Constable Davidson, brandishing the knife. He said he would fix him, and continued abusing the constable. Constable Davidson reasoned with the, accused, and thus prevented him from using the knife. The accused had been drinking, but was not intoxicated, said Sergeant Byers.

FOUR CHARGES Douglas Rang! Cowan, aged 23, a labourer, was convicted on two charges of theft, one of burglary, and one of receiving. He pleaded guilty, and was remanded on bail until July 3. Sergeant Byers said that Cowan received a sports coat, a transistor radio, and a pair of trousers, all valued at £4O 18s 6d, on May 29. The •articles had been stolen from a car, and had been bought and sold by Cowan. Cowan broke into a foundry in Linwood avenue on May 29 and stole a typewriter. He stole a transistor radio, valued at £29 18s 6d, from a car parked in Edgeware road on May 11, and on May 25 stole a portable radio valued at £39 10s. A further charge of burglary was withdrawn. BURGLARY After goods had been disappearing from a warehouse in Wells street, a night watchman saw the accused enter the building through a sliding skylight on the evening of June 20, Sergeant Byers said when Mark Moaroa Tauwhafe, aged 18, a welder, and William Jan Russell, aged 18, unemployed, pleaded guilty to a joint charge of burglary. John Rewai Hoani Henare, aged 20, a painter, appeared with Russell on another charge of burglary, and pleaded guilty.

The three were convicted and remanded in custody to July 3 for sentence. Sergeant Byers said that property to a total value of £2lO, including radios, clothing and toasters, was stolen from the warehouse. The accused divided the stolen goods among themselves. DRIVER SENT TO GAOL David William Hare, aged 23,. a workman, pleaded guilty to driving when under the influence of drink or drugs in Cathedral square on May 24. He was sentenced to seven days’ imprisonment and was disqualified from driving for three years. Sergeant Byers said that after Hare struck a pedestrian he was certified as unfit to drive.

Hare also pleaded guilty to a charge of careless use of a vehicle in Cathedral square on January 26 which led to a collision with another car. He was fined £lO on this charge. DRANK LIQUOR AT CLUB AFTER

HOURS Five men who had a glass of beer after playing snooker and cards at the Woolston Working Men’s Club were charged With drinking after hours on chartered club premises. The defendants were Gilbert Henry Brough; Noel John Ellis, Douglas James Franks, David Montrose Milne, and James Sinclair. Mr L. H. Moore appeared for Franks, Milne, and Sinclair, who pleaded not guilty. Brough and Ellis did not appear. All five were convicted, and each was fined £2.

Inspector E. J. Trappltt said in evidence that at 9.20 p.m. on May 6 He found the five defendants in the kitchen of the club. A half-gallon flagon, halffull of beer, was on the bench, and the men had glasses in their hands. One attempted to hide the liquor. Ellis said that before 6 p.m. he had given money to the club’s voluntary steward and asked him to buy him a half-gallon flagon of beer from the club and leave it in the kitchen. He admitted that he had taken his friends to the kitchen and supplied them with liquor. Ellis said that he had made the same arrangement on previous occasions, but only when the club had an extended hours permit.

The witness said that there was no permit for that night.

Franks said in evidence that he had not thought they were committing an offence by drinking the beer. “I accept without question that the liquor was purchased by Mr Ellis, and that his friends were his guests,” said the Magistrate. There was no allegation or question .that the’ liquor had been dishonestly obtained. An offence had been committed, but it was obviously not a case where persons had been consuming liquor after hours as a matter of policy. FIRED RIFLE James Bernard Duncan, aged 17, a factory hand, was convicted and fined £5 on a charge of discharging a firearm without reasonable cause. For procuring a firearm as a minor without a permit he was fined £3. Duncan pleaded guilty. The police received a complaint from a resident in Aorangi road on May 9, and found the defendant firing a .22 rifle behind his house, said Sergeant Byers. The defendant said that he was testing the rifle’s sighting.

CAST OFFENSIVE MATTER Kenneth Francis Day, aged 35, assistant superintendent of a sewage-treatment works, pleaded guilty to a charge of casting offensive matter in Seaview road on June 1. He was fined £3. Allan Roy Grieve, aged 17, a workman, pleaded guilty to a charge of casting offensive matter in Hereford street on May 23. He was fined £3.

Charged with casting offensive matter in Madras street on May 7, Eric Francis Elkis, was convicted and fined £3. TOOK CAR Joseph Scanlan, aged 17, a workman, pleaded guilty to a charge of unlawfully taking a motor-car. He was convicted and remanded on bail to July 3 for sentence. THEFT A woman, whose name was suppressed, pleaded guilty to a charge of stealing articles valued at £l7 17s 2d from the Norlh Canterbury Hospital Board on June 21. She was convicted and remanded on bail until July 3 for sentence. Sergeant Byers said that the accused took the articles, which included sheets and blankets, to help her to furnish a flat. CAR CONVERSION Three youths, who converted a car Which was Involved in an accident at Dunsandel and damaged to the extent of £5O, pleaded guilty to a joint charge of unlawfully taking the car, valued at £lOO, the.property of Leslie Ernest Beattie. They were remanded on bail to July 3 for sentence. Mr A. K. Archer appeared for the accused, whose names were suppressed. Two packets of cigarettes and two drinking glasses, valued at 7s, were missing from the car. Sergeant Byers said. Restitution of £5O 7s was asked for. One of the youths had previous convictions.

LICENSEE .FINED "If the licensees of hotels require an extension of hours and more tolerance when getting patrons to leave hotel bars affer 6 p.m., they can make, representations to Parliament, but not to this Court," the Magistrate said when he fined Durham Stuart Ogilvie, licensee of the King George Hotel, £2 on a charge of allowing the consumption of llqtior after hours. Ogilvie (Mr J. G. Leggat) pleaded not guilty. The Magistrate was commenting on submissions by Mr Leggat that it was very difficult for a licensee to eject a person from a bar after- 6 p.m. if the person had bought the liquor before closing time. "An extension of 15 minutes has already been made so that persons could consume their liquor if they bought it before six,” the Magistrate said.

A police sergeant gave evidence that he entered a bar at the hotel at 6.17 p.m. No liquor was being sold, but about 30 persons were in the bar, and some of them were still drinking. THREW BOTTLES Gavin George Moore, a ship's steward, aged 21, charged with throwing glass in a public place, was convicted and fined £6. BREACH OF PROBATION Charged with a breach of probation in that he failed to report at Culverden on June 22, Kevin Leo Ryan, aged 24, a storeman, was convicted and fined £5. He pleaded guilty. INDECENT EXPOSURE A man whose name was suppressed pleaded guilty to a charge of Indecent exposure on June 27. He was convicted and remanded on bail to July 3 for sentence. REMANDED On charges of stealing on June 21 a transistor radio valued at £9 and goods valued at £5 7s 9d frdm the Nbrth Canterbury Hospital Board, a woman,- whose name was suppressed, was remanded oh bail until July 6. She pleaded not guilty to the first charge and guilty to the second.

Ronald Redmond, aged 19, was remanded on bail to July 6 on a charge of assault on June 18. On a charge of driving under the influence of drink or drugs in Colombo street on June 21, James McDowall, aged 52, a salesman, was remanded on bail to July 9. lan David McLaren, aged 24, a trotting driver, was remanded on bail to July 2 on a charge of indecent exposure in High street.

MINORS FINED Charged with drinking in a public place, lan Lloyd Gray and Geoffrey Edward Shepherd, both aged 17, were each fined £4. (Before Mr E. S. J. Crutchley, S.M.) SIX MONTHS’ GAOL

“You are a deliberate criminal in this offence,” the Magistrate said to Ivan Hristoff Stoyanoff, aged 40, an attendant, in sentencing him to six months’ Imprisonment for theft. For Stoyanoff, Mr R. G. Blunt said the case bordered between civil and criminal. The complainant, Dobri Stoyanoff Telkieff, knew of the defalcation but did nothing about it until Stoyanoff left Christchurch.

“The case as presented to me did not suggest the money was a loan,” said the Magistrate to the accused. “To my mind, it is not open on the evidence that Telkieff knew you had the money.”