Magistrate’s Court Decision Reserved On Charge Of Injuring Woman

Press, Volume CIII, Issue 30498, 21 July 1964, Page 10

Magistrate’s Court Decision Reserved On Charge Of Injuring Woman

Decision was reserved in the Magistrate’s Court yesterday on a charge against Errol James Kelly Yeates, aged 25, a soldier, of injuring with intent to do grievous bodily harm. ’Mr E. S. J. Crutchley, S.M., remanded him on bail to today. Last Thursday the Court was tdld that Anahere Lorraine Barrett, a married woman, aged 24, was admitted to the Christchurch Hospital about 10.3 d p.m. on June 11 suffering from stab wounds in the right breast, thigh, and wrist. It was alleged that Yeates inflicted the wounds in an argument at. 16 Vancouver crescent half an hour earlier.-

Yeates pleaded not guilty.

Yeates, a lance-corporal in the Army Signals Corps at Addington, said in evidence yesterday that when he was posted to Addington he met Mrs Bairett, who was working as a stewardess there. His marriage had broken up in November, 1962. He became friendly with Mrs Barrett, and since last Easter had been living with her at Vancouver crescent. They intended to marry.

On the evening of June 11 he intended going home early, but instead went to a social function at. Addington. He forgot about an arrangement to go with Mrs Barrett to a film, and also about football training in which he should have been taking part. Yeates said that he' was drunk when he arrived at the house in Vancouver crescent at 9.30 p.m. After he went in there was an argument about his being late, and a shirt with lipstick on it was mentioned. He then stormed out to his bedroom. 'The next thing I remember was being held against the wall in the front room,” he said. “Mrs Barrett was lying on the floor.” Yeates said that a sheath knife. produced in court belonged to him. He had used it in Army exercises, and had kept it in a kit-bag in his bedroom. The last time he saw it was when it was handed to a detective at the Christchurch Hospital. In a statement to the police Yeates said, “I accept that I must have had that knife, and must have done something to Mrs Barrett. One minute I was drunk, and the next I was sober and fully aware of what I had done.” Yeates’ counsel (Mr G. S. Brockett): Why did you defend the charge? Yeates: Because I didn’t intend to do it.

Can you remember doing it?—No, sir. Yeates said that the incident had not changed his relationship with Barrett. “We still intend getting married as sodn as possible,” he said. To Sergeant S. W. Byers, who prosecuted, he said that he gained experience in unarmed combat and the use of a knife while serving in Malaya His health had been checked as excellent by the Army and he did not suffer from epilepsy or black-outs.

“What it boils down to is that you’ve got this lapse over the vital few minutes?” asked Sergeant Byers. “I don’t know, sir,” replied Yeates. ’ The effects of drink and temper were common knowledge, said Mr Brockett. No further medical ievidence could be brought forward for Yeates. (Before Mr E. A. Lee, S.M.) DECISION RESERVED “The police find they have certain facts which do not constitute an attempt to commit a' crime, so they charge this man with intent as a last resort,” said Mr P. G. S. Penlington in submissions on behalf of Henry Mathew Huntley, aged 23. The Magistrate reserved his decision until today.

Huntley pleaded not guilty to a charge that, being a reputed thief, he frequented with felonious intent a public place on May -31. He

pleaded guilty to a charge of stealing a driver’s licence between May 17 and 31. “Substantive proof is vitally necessary in this case;” said Mr Penlington. “Another man was involved in this, but he is not charged. The accused could not be ' charged with an attempt,' so on his previous record he was charged with intent. This is, in effect, ■ hanging a dog by its own bad name.”

Roger Frank Carson .said in evidence that he went outside during the - evening and found the petrol cap off hfs father’s car, • which was parked in Leyden street. When he went out later he saw a cream 1947 Chevrolet with its boot up and tins inside. Its motor had been revving. When he reached the footpath a Maori standing by the boot leapt into the car, and it was driven .off in a great hurry. He followed the ear, which reached speeds of 50 miles an hour, to McLean street, where he had stopped it. He found a tin with, a little petrol in it under the back seat of the car, and a siphon hose. The accused said his name was Waaka.

The accused said at the police station that he had been looking for a party down Ferry road, said Detective R. G. Henwood. His car’s lights failed and he got out of the car to crank it when it stopped. He • admitted his name was Huntley and not Waaka, and said he had just finished a two-year term of imprisonment for a burglary committed in Invercargill.' He said that he left Leyden street in a hurry because “I saw a crowd of jokers I did not like the look of, so I cleared off.” “I consider the accused would steal given the opportunity,” said Detective Sergeant E. M. Jones, of Invercargill. He said the. accused was known to the police as a safe-blower. He listed as some of the accused’s previous offences breaking and entering •to steal detonators and fuses, preparing safes with gelignite, and being found with sticks of gelignite in-his possession. Sergeant Jones admitted to Mr Penlington that none of the offences he had described were offences relating to motor-vehicles. FINED FOR FIGHTING

“I prefer the evidence of the sergeant as to what he saw,” said the Magistrate. “There appears to be no reason why the accused, could not retreat instead of grabbing the other man.” On a charge of fighting in Cathedral square on July 17, Anthony Dennis Bartley, aged 17, an apprentice carpenter (Mr R. T. Kerr), was fined £3. Bartley pleaded not guilty. Sergeant J. M. Phelan said he was called to the men’s convenience in' Cathedral square by the custodian to stop a fight between two men. The men were struggling on the floor and exchanging blows, and he parted them.

Bartley said in evidence that the other man began talking to him in the convenience and he was unable to get away from him. The other man .pushed him, and they struggled together. “The other man started talking about his. war-time experiences and how he had fought for people like me,” said Bartley. “I thought he was drunk, and I could not get away from him.” ASSAULTED POLICEMAN Barry Banks, aged 20, was fined £7 on ? charge of assaulting a constable in the execution of hiS duty on July 19. Banks pleaded guilty. Detective Sergeant E. T. Mitten said Banks entered the Christchurch Central Police Station and demanded to see a girl there. He .was repeatedly told to leave, but would not do so. Constable J. P. Beringham was escorting Banks out of the station when.

Banks seized him by the lapels and tried to pull him over. Banks saidf "Nobody pushes me around. and gets away with it, not even a cop.” OBSTRUCTED FOOTPATH On a charge of obstructing the footpath outside the Tivoli Theatre on July 18, Warren George Cox, aged 19, a machinist, was fined £lO after pleading guilty. . “The accused has been spoken to about this before,” said Detective Sergeant Mitten.

He said that the accused was one of a large group of youths on the footpath outside the theatre. Passing pedestrians had to walk on the street to get around the group. The others in the group mrfved when asked to do so, but the accused refused to move. SOLD LIQUOR AFTER HOURS

After the police received a complaint that liquor was being sold after- hours at a shop owned by . Nelson Sydney Dench, who had- a wine reseller’s licence, a plain-clothed policeman was sent to the shop about 7 p.m. on June 19, Detective Sergeant Mitten said. The policeman found wines on show at the shop, and he bought a bottle of sherry. Dench pleaded guilty to a charge of selling liquor after hours, and was convicted and fined £7 10s. MINORS IN BAR On charges of being minors found in a hotel bar on June 13, Milton Douglas Aikin, aged 20, and Kenneth Peter Chapman, aged 17, were fined £5 each. Chapman pleaded guilty by letter, and Aikin did not appear. REMANDED Edward Francis Kitto, aged 37, a clerk, was remanded on

bail until July 30 on charges of driving under the influence of drink or drugs, and failing to ascertain if anyone had been injured. Peter Waltho, aged 17, was remanded on bail until July 27 on a charge of taking a car, valued at £BO, the property of Patricia St. Clair Stewart, on July 19. George Raymond Bennett Newman, aged 17, a factory worker, was remanded on bail until July 27 on a charge of unlawfully getting into a car. The charges against Newman and Waltho related to the same car.'

Charged with being unlawfully in the premises of the People’s Palace on July 19, Leslie Mervyn Bennie, aged 42, a carpenter, was remanded for observation until August 24. He pleaded not guilty. Hemi Hoepo, aged 25, a kitchen hand, was remanded on bail untjl July 23 on a charge of stealing a pair of leather gloves, valued at £3, the property of Walter Sparrow, on July 10.