MAGISTRATE'S COURT Two Accused “Precipitated Ugly Situation”

Press, Volume CIV, Issue 30783, 22 June 1965, Page 11

MAGISTRATE'S COURT Two Accused “Precipitated Ugly Situation”

Both the accused precipitated an ugly situation, and excited some 20-odd bystanders to interfere with the police in the execution of their duty, Mr J. D. Kinder, S.M., said in the Magistrate’s Court yesterday when he convicted Samuel Manawatu, aged 25, a shearer, on a charge of resisting Sergeant J. M. McDonald m the execution of his duty, and Ben Mathews, aged 32, a rubber worker, on a charge of obstructing Sergeant McDonald on June 19.

The accused, who were represented by Mr R. L. Kerr, pleaded not guilty. Manawatu pleady guilty to a charge of ising obscene language. They ■cere remanded on bail to June 14 for sentence. Sergeant McDonald said that at 6.20 p.m. on Saturday 'ae arrested Manawatu in Beresford street, New Brighton, for using obscene language. Manawatu tried to struggle free and Constable 3ruce took him by the other irm. Several Maoris, one of hem Mathews, came to Manawatu’s assistance, and Manavatu escaped and ran inside he Esplanade Hotel, where te was apprehended. A number of Maoris, who vere under the influence of iquor, were standing around. A woman suggested that Manavatu should go to the New Brighton Police Station in his >wn car with another constable who had arrived. Sergeant McDonald said he igreed to this, and followed in the police car. At the police station considerable difficulty was experienced in getting Manawatu out of his car and into the police car. Mathews was in the back of Manawatu’s car. Eventually they were both put in the police car and taken to the Central Police Station.

Sergeant McDonald said he let Manawatu go in his own car to get him away from 20 or 30 Maoris who were hostile to the police. To Mr Kerr, Sergeant McDonald said that Mathews was not arrested until he went to the New Brighton Police Station. Other Maoris would have been arrested but for the lack of opportunity.

Constable L. J. Bruce said that both accused had been drinking, but were not drunk. There were about 20 or 30 drunken Maori men and women outside the hotel. Mathews said in evidence that he did not hear Sergeant McDonald warn him that he was obstructing, and he did not know that he was arrested for obstruction until he got to the Central Police Station. Manawatu said he did not hear Sergeant McDonald tell him he was arrested for obscene langauge, and denied breaking away. Until they arrived at the New Brighton Police Station, he was under the impression that they were being taken home by the constable, he said. THEFT OF JACKET

David Barry Mathias, aged 19, a bowser attendant, was remanded on bail to June 24 on a charge of stealing a black leather jacket, valued at £ll 17s 6d, the property of John Douglas Kay. on June 13. He pleaded guilty. Detective Sergeant E. J. Stackhouse said that Mathias admitted attending a party at Kay’s address and taking the jacket when he left about 1.30 am. He said his own jacket was stolen some time ago, and he was trying to get his own back. When he heard the police were making inquiries he returned the jacket to Kay’s address. He had previous convictions. INTENT TO HARM

On a charge of injuring Erik Johannes Anthonei Urban with intent to do him grievous bodily harm at Lyttelton on June 18. Yu Kam Pui. aged 25, a ship’s steward, was convicted and fined £lO. in default 12 days’ imprisonment. He pleaded guiltythrough an interpreter. The Magistrate ordered that half the fine be paid to the complainant. Detective Sergeant Stackhouse said that the complainant, second officer on the m.v. Van der Hagen, was struck over the head with a carving knife when he entered the galley for coffee at 10.30 a.m. on June 18. Seven or eight other Chinese crew members in the galley were 'also involved in the incident. I The captain of the Van der ' Hagen told the Court that the •Chinese stewards had caused a lot of trouble. Seats for ; eight, including the accused, ’were reserved on a flight to ' Sydney yesterday afternoon. (They would later be discharged by the company. TWO MEN FINED A man whose name was suppressed (Mr S. G. Erber) was convicted and fined £5 on a charge of casting offensive matter in Manchester street on May 27. He pleaded guilty. Charged with casting offensive matter in Cathedral square on May 23. David Winston Cockroft aged 23, a panel beater (Mr M. F. Hobbs), pleaded guilty. He was convicted and fined £5. FIREARM OFFENCES

William Patrick Harper, a clicker, was convicted and fined £5 on a charge of discharging a firearm in a public place at Springston on April 2 He pleaded guilty.

Charged with selling a firearm without a permit on or about March 14, Thomas Basil Gillard, aged 47, pleaded i guilty. He was convicted and I fined £2. TICKET THEFT Ivan Tapp, aged 48, an unemployed sawmiller, was conevicted and fined £5, in default ■seven days’ imprisonment, on la charge of theft of 20 railway tickets valued at 13s at i Lyttelton on June 12. He ! pleaded guilty. REMANDED Lyndon Boyd, aged 21, was remanded on bail to June 28 ion a charge of harbouring an escaper from the Burwood Girls’ Training Centre on June 19.

Leo Janies Busby, aged 21, was remanded on bail to June 28 on a charge of assault on June 19. A man, whose name was suppressed, was remanded on bail to June 28 on a charge of forging a totalisator agency ticket at Rangiora on June 19. Cyril Burns, aged 45, was remanded to July 19 for observation on a charge of assault on June 18.

Trevor David Smith, aged 20, a sawmill hand, was remanded on bail to June 28 on a charge of using obscene language in Sullivan avenue on June 19. ELECTED TRIAL

James Roderick Reid, aged 20, a workman (Mr R. L. Kerr), elected trial by jury and was remanded on bail to June 24 for the taking of depositions on a charge of threatening Allan Gordon Adcock with grievous bodily harm on June 19. SUPPLIED LIQUOR Norman Lester Morris, aged 24, licensee of the West Melton Hotel, was convicted and fined £lO on a charge of supplying liquor after hours on May 15. On a charge of allowing the consumption of liquor after hours he was convicted and ordered to pay costs. He pleaded guilty. On charges of consuming liquor after hours at the West Meltbn Hotel on May 15, Phyllis Allice Ford, Reuben Henry Ford, Alice Agnes Thompson, and Lester Aynsley Thompson were each convicted and fined £2. They pleaded guilty. MINORS FINED On charges of drinking liquor in a public place on May 10. when minors, Garry Clarence Gilbert, aged 17, a labourer, Warner James Gilbert, aged 19, a labourer, and Trevor Andrew Wright, aged 17, a labourer, were each convicted and fined £5. They pleaded guilty. Wiessia Przechecka, aged 18, was convicted and fined £5 on a charge of being found in a hotel bar on May 15 while a minor.

DISMISSED Charges of serving a minor with liquor, on April 22, against Terrence John Little, barman at the Royal Hotel, and Robert Clarence Cotton, manager of the Royal Hotel, were dismissed. Mr J. A. Bretherton appeared for both defendants, and entered pleas of not guilty. (Before Mr E. S. J. Crutchley, S.M.) DANGEROUS DOG The Magistrate reserved his decision on whether an Alsatian dog, owned by Sydney Maurice Millward, aged 40, a clicker, should be destroyed, after he convicted Millward of owning a dangerous dog which was not under proper control. Millward, who pleaded not guilty, was represented by Mr D. H. Stringer. John Francis Michael Langley, aged 12, said that at 4.45 p.m. on April 30 he took groceries to a house in Godley avenue. He went to the front door and a person took the groceries. The dog poked its head around the door. He walked away fast and the dog scraped a hole in his sock with its paw and bit him on the ankle. He did nothing to provoke the dog. Mr Stringer said that Millward denied that the dog was not kept under proper control. It was normally kept in a kennel on a chain but the chain had broken and had not been replaced. Millward, giving evidence, said that when the dog was not chained it was rarely outside except when it was on a leash. At the time the boy was bitten the dog was being treated by a veterinarian for an ear disease.

The Magistrate said he was satisfied that the dog was dangerous and was not kept under proper control. He would have regard to Millward’s statement that there was a certain element of misfortune about the matter.

He said he would give further consideration whether the dog should be destroyed. He asked the defence to call further evidence regarding the health of the dog at the time and the veterinary treatment it was receiving. The charge was adjourned to June 28 to enable this to be done. REMANDED Adelaide Elaine GilliganKingsley, aged 26, a housewife, was remanded to June 28 under section .37 of the Mental Health Act on a charge of cruelty to Dominique Elizabeth GilliganKingsley, aged one, at Nelson, on February 24. Mr R. G. Blunt appeared for the accused.

George Arthur Kirner, ,aged 17, a labourer, was remanded on bail to June 24 on charges of obstructing Sergeant J. P. Downes in the execution of his duty, assaulting the police, and resisting arrest on June 19. Mr R. G. Blunt appeared for Kirner.