Prisoners On Trial For Charges From Riot

Press, Volume CIV, Issue 30897, 2 November 1965, Page 3

Prisoners On Trial For Charges From Riot

(New Zealand Press Association)

AUCKLAND, November 1. An escape attempt which later erupted into a riot in the Auckland Prison in July was described in the Supreme Court at Auckland today.

Jonassen Sadaraka, aged 23, a carpenter, pleaded guilty to charges of attempting to break out of prison, assault with intent to facilitate the commission of a crime, assault, and discharging a firearm with reckless disregard for the safety of others.

Sadaraka appeared before Mr Justice Hardie Boys on a number of joint charges with Daniel Huntwell Macmillan, aged 28, unemployed. The charges related to the prison riot at Auckland Prison in July.

His Honour remanded Sadaraka for sentence. Macmillan pleaded not guilty to the same charges and not guilty to charges that he attempted to escape from Auckland Prison, and that he assaulted Edward Charles Marchant.

These two charges are alternatives to two of the other counts.

Macmillan is represented by Mr P. A. Williams and Mr K. Ryan. After Sadaraka was remanded and stood down a jury was empanelled and the trial of Macmillan on the charges began. For the Crown, Mr D. S. Morris said Macmillan faced six charges. There were two lots of alternative charges The first two related to attempting to escape from prison and the other two to assault on Marchant. “Prominent Role” Mr Morris said Sadaraka had been charged with Macmillan and had pleaded guilty to certain charges. His name and actions would figure very prominently in the trial. The Crown claimed that an escape bid from the prison some time before July 20 was a joint enterprise by the two. The events the jury was concerned with arose in the very early hours of July 20. In the north wing extension or the remand wing were Macmillan and Sadaraka. For all practical purposes the prisoners were locked up at 5 p.m. on July 19. Macmillan was at that stage awaiting trial. Mr Marchant was on duty that night. He had keys to the various doors or grilles. “But he did not have a key to the last grille before you came out, as it were, into the open air,” said Mr Morris. “He could move anywhere inside the prison but he couldn’t get out “In fact, that was just the stage Macmillan and Sadaraka got to in this abortive attempt to escape.” Mr Marchant did not see anything amiss in the remand wing, said Mr Morris He saw that a table had been moved and it was necessary for him to walk around the outside of the table near to the toilet entrance. Masked Men He started to walk around the table and was jumped by two men the Crown alleged were Sadaraka and Macmillan. The officer would say that both had their faces masked. Sadaraka was holding a gun —which was later found in the debris—while Macmillan was wielding an iron bar. Marchant would say he was told to get in the toilet but refused to do so. Mr Morris said there was a scuffle and the officer was hit with the gun and fell. The two men moved away from him. When he got to his feet the officer called for help and blew his whistle. He noticed his key to open the grilles had been taken from him. When he got up he saw two men disappearing

down the north wing in the direction of the dome. Officer Weir was somewhere in the vicinity of the dome when he heard the cry and rushed down the north wing When he got into the remand yard he saw Marchant struggling with Macmillan and he was going to Marchant’s aid when he was told to stop and saw Sadaraka holding the gun. He was hustled down towards the dome area. The two men got a steel grille open and pushed through two wooden doors. Last Grille They were left trying to get through the last grille, said Mr Morris. They forced Weir to put his key in the grille when he knew it would not be successful. One of the other officers, Mr Grubb, heard the call and went along with the key for the grille. When the officer got there he saw a masked face peering oyer the grille. Mr Grubb dived into the superintendent’s office as two shots were fired at him.

He did not open the grille, said Mr Morris. “The two accused then retreated back down into the front basement of the prison,” he said. They went to another grille leading to the outside world and were seen by another officer, Mr Haines, who heard something and jumped into one of the cells. He saw three men—Sadar-

aka, Macmillan and Officer Weir—go by. After this attempt was unsuccessful the men moved back up the stairs and out along the east wing of the prison—they had the keys to grilles—and down the stairs to the back basement where a number of the maximum security prisoners were being held at this stage, said Mr Morris. Sadaraka released a number of other prisoners and from that time events became hazy. The evidence against Macmillan arose from incidents before this release of prisoners. The gun and a balaclava were later found. Edward Charles Marchant, a prison officer, said that at 2 a.m. he was in the remand wing on an ordinary routine patrol. He had checked each of the cells and everything was in order. He had a grille key which opened all interior grille doors but could not open any of the outside doors or cell doors. There was a long table at the end of the wing across the end under the telephone. Two men came out of the toilet and said he was to go into the toilet and make no noise. “I did not go- I started to shout. 1 was certainly making all the noise I possibly could,” he said. “A fight started. One of the men was hitting me over the face with the gun and the other with an iron bar. I stood up to them for a few seconds.” One of the men snatched witness’s key chain with the grille key on it and at the same moment tore the handpiece off the telephone. Both ran away down the wing. “Had Balaclava” Witness said he recognised Sadaraka as one of the two men. Both had their heads

and faces covered. One had a balaclava on. Sadaraka had the gun and the other an iron bar about a foot long. One blow landed on his head and he went down, said Marchant. They forced Mr Weir away at the point of a gun. Witness said he was able to follow them. They attempted to get out through the hall grille. He distinctly heard the words: “Open up mister.” Mr Grubb refused and within a second or two of that there were two shots fired, said Marchant. The prisoners came back. Piece Of Timber Marchant said he armed himself with a piece of timber and followed them down into the front basement. After seeing Mr Haines—who had been in one of the cells—he went back to the front office and drew a pistol before going to the outside of the grille leading out of the prison from the extreme end of the front basement. He saw the two men still trying to open the grille. He shouted out that if anyone came through the grille he would shoot.

Walker Joseph Weir, a prison officer, said he was waiting to be relieved about 2.15 a.m. on July 20 when he heard a loud scream apparently from the remand yard He immediately dashed in to see what was wrong. “1 heard a voice say: ‘Turn round and hold it, mister.’ 1 turned around and saw Sadaraka with a gun.” Witness said that before this he saw Mr Marchant struggling with Macmillan. He did not recognise Macmillan then.

He recognised him later when the balaclava slipped down and he saw his beard and features.

“They shoved the gun in my back,” witness said. A shot was fired into the “barbers’ shop.” he said. Macmillan gave him a vicious shove in the back and made him run. They took him to the grille leading to the front hall grille. Sadaraka shouted: “Open up or the screw gets it.” After Sadaraka called out there was no reply. Fired In Hall “Suddenly he cocked the gun and fired a shot down the hallway. He repeated the demand and fired a shot close to my head. “He said to me: ‘Open the door.’ 1 told him this was not possible with my key. “Using obscene language he said: ‘Try to open the door.’ I inserted the key and turned it.” When this had no effect Sadaraka became widly excited. Macmillan was standing behind him wielding the iron bar. “He repeated: ‘Get it open. Get it open’.” Witness said they marched him around the basement, to the front basement door which Sadaraka tried to open with his key, said witness.

Sadaraka told him to stand against the door with his arms above his head. “A voice shouted: ‘Stand back Jock and I’ll shoot the so-and-so.’ 1 replied: ‘lf you do you’ll probably shoot me’.” They went back to the security section. When they got there Sadaraka said to Macmillan: “Take the gun and watch this so-and-so."

Macmillan took the gun, said Weir, and Sadaraka opened the cell of the inmate Gillies, he said. The trial will continue tomorrow.