SUPREME COURT 11 Prisoners Sentenced For Part In Paparua Riot

Press, Volume CIV, Issue 30924, 3 December 1965, Page 7

SUPREME COURT 11 Prisoners Sentenced For Part In Paparua Riot

The riot at Paparua Prison on July 25 would never have occurred had it not been for the riot at Mount Eden Prison a week earlier, submitted Mr A. B. Harman, a defence counsel, when 11 prisoners involved in the Paparua riot appeared for sentence before Mr Justice Macarthur in the Supreme Court yesterday.

Sentences of up to three extra years’ imprisonment were imposed, all sentences to take effect from the expiry of prisoners’ present terms.

Mr Harman said he was concerned that some prisoners “who made the bullets for others to fire,” and had done little else than provoke and stir up trouble, had retired when that trouble began, and had not been caught.

Other prisoners, such as the man he spoke for—Norman Leslie Ayers—had thus been caught up in trouble not of their own making. “It does seem that after some of the Mount Eden prisoners had been transferred to Paparua, it was made known to the local inmates that they were not nearly as smart as the Mount Eden prisoners, and could not possibly stage a riot as took place there,” said Mr Harman. “These comments rankled with some of the prisoners,” he said. Security Measures The prisoners who were sentenced yesterday were brought to the Supreme Court in two batches—six in the morning, and five in the afternoon. They appeared individually in the dock, without being handcuffed, escorted by a prison warder, but in a few cases an extra warder and a police constable stood behind the dock.

None of the prisoners gave any trouble, or caused any interruption.

Sentences imposed on them were similar to those previously pronounced by His Honour on six rioters who had pleaded guilty. AH prisoners sentenced yesterday had been found guilty after trial by jury, or had reversed pleas of not guilty to ones of guilty. All prisoners, with the exception of Noel Edward De Malmanche, were yesterday represented by counsel. De Malmanche, who had previously conducted his own defence, had nothing to say. Mr E. O. Sullivan, counsel for Leon William Watene, described as a ringleader in the riot, submitted that European prisoners were the instigators, and that the Maori prisoners, among them Watene, had got excited and joined in once the fracas had started. Watene was a man of excitable temperament, Mr Sullivan said. Mr J. G. Rutherford, for Joseph Edward Thompson, also spoke of mob hysteria affecting Maori prisoners, among them Thompson, whom he described as a man easily led into irresponsible adventuring. Sentences His Honour passed sentences as follows: Leon William Watene, aged 23: two years’ imprisonment for riotous damage and one

year on each of three charges of assault on prison officers (concurrently)—a total extra sentence of three years. His Honour said: “I have no doubt whatever that you must be regarded as one of the worst offenders. It is true there is no evidence that you were one of the instigators, but it is perfectly clear you became one of the ringleaders in the parade ground, where you were both arguing and fighting with prison officers.” Noel Edward De Malmanche, aged 20: two years’ imprisonment for riotous damage, and one year for assault on a prison officer—a total extra sentence of three years. His Honour said: “It is correct, is it not, that you are detained during Her Majesty’s pleasure?” De Malmanche: Yes, sir. His Honour: I do not think there can be any dispute upon the correctness of the statement by the Crown Prosecutor that the evidence shows you to have been one of the most blameworthy of all the men concerned in these incidents. You are already under a sentence of detention at Her Majesty’s pleasure. Nevertheless, my opinion is that the appropriate course is for me to award a sentence appropriate to the offences which you have been committed, and for me to direct that the total sentence so inflicted shall be cumulative on the sentience already being served.

Owen Francis McCauley, aged 23: two years’ imprisonment for riotous damage, and six months on each of two charges of assault (cumulatively)—a total extra sentence of three years. His Honour said: “I have no doubt that you must be regarded as one of the worst offenders in these incidents. There is evidence that you were actively concerned in the disturbance in the chapel. There is evidence that a little later you were concerned in the fighting when the inmates endeavoured to get back into the hall. There is evidence of an assault by you in the prison yard, and you were guilty of further undisciplined behaviour while in the east wing, and of causing destruction to property while in that wing.” Norman Leslie Ayers, aged 23: two years’ imprisonment for riotous damage, and one year on each of two charges of assault on prison officers (concurrently)—a total extra sentence of three years. His Honour said: “I have no hesitation in stating that the evidence shows that you were one of the worst offenders in this affair. You were concerned, to start, with an incident in the chapel. Later, in

the east wing, you took part in conduct that was disorderly and undisciplined, and later you were clearly guilty of destruction of property.” Mervyn Anthony Rich, aged 22: 18 months’ imprisonment for riotous damage and six months for assault on a prison officer—a total extra sentence of two years. His Honour said: “There is no evidence that you were one of the instigators, but the evidence did show that you were involved in the argument in the parade ground, and that you there assaulted Officer Poultney. There is clear evidence that you were concerned in incidents in the east wing, where you threw furniture down on some of the officers and were also concerned in the destruction of property. I agree that the evidence does not show you to have been one of the worst offenders, but there is no doubt that you were a very active participant, and that the sentence upon you must be substantial.” Maxwell Alexander McMeeking, aged 18: Two years’ imprisonment for riotous, damage. His Honour said: “It is true that there is no evidence that you were one of the instigators of the riot, and I bear in mind that you are only 18 years of age, and the youngest who took part. But there is the strongest evidence that you were one of the most active participants once the riot was under way, and you were responsible for very great damage.” Ernest James Robb, aged 25: one year’s imprisonment for riotous damage, and six months on each of two charges of assault on prison officers (concurrently)—a total extra sentence of 18 months.

His Honour said: “I take the view that you were not as blameworthy as some of the men who have appeared already. You do not appear to have played a major part in either the instigation of the riot, or the events of the riot itself, but there is evidence that when in the parade ground you were guilty of two assaults on prison officers, and later on of having been responsible for substantial damage in the east wing.” John Lawrence King!, aged 30: nine months’ imprisonment for riotous damage, and nine months for assault on a prison officer —a total extra sentence of 18 months. His Honour said: “As far as the riot is concerned, you were one of those who played a comparatively minor role, but there is also an assault, and in my view the case calls for a sentence of imprisonment on each of these matters.”

Joseph Edward Thompson, aged 26: nine months’ imprisonment for riotous damage

and nine months for assault on a prison officer—a total extra sentence of 18 months. His Honour said: “I agree that the evidence does not show you to have been an instigator of these incidents, or that you were as seriously involved in the riot as some of the other prisoners. Nevertheless, you did commit an assault on a prison officer, and your own statement frankly admits that you caused damage while you were in the east wing.” Brian Allan Tetley, aged 21: one year’s imprisonment for riotous damage. His Honour said: “It appears you were not as blameworthy as some of the men in these incidents. There is no evidence that you were one of the instigators. Moreover, in your case there is no charge of assault on any prison officers. But there is evidence, nevertheless, that you were active as a rioter in the parade ground, and that you did some damage later on. Taking all the circumstances into account, your case does not demand as severe a sentence as others.”

Allan Raumati, aged 24: six months’ imprisonment for riotous damage. His Honour said: "It seems to be clear that you are one of the least blameworthy. There is certainly no evidence that you were an instigator of the riot and there is no evidence that you participated in the incidents in the parade ground. But there is evidence in your own statement that while in the east wing you joined with others in causing damage to prison property.”