Assault, Trespass By Constable Alleged

Press, Volume CV, Issue 30981, 10 February 1966, Page 3

Assault, Trespass By Constable Alleged

(New Zealand Press Association) MASTERTON, February 9. A claim for damages totalling £l6OO against a police constable and the Attorney-General opened before Mr U. Rosen, S.M., in Masterton this afternoon.

The plaintiff, Percival Frederick Kilminster, aged 69, retired, of Martinborough, has alleged trespassing, assault causing personal injury and conversion of chattels. Mr J. D. Dalgety is appearing for Kilminster and Mr R. C. Savage for the constable, Ronald Weatherhead, of Martinborough. The Attorney-

General is being sued in respect of the Police Department. The original claims, three of £lOOO each, related to an incident in September, 1964, the Court was told. Mr Dalgety asked leave to reduce the amount of two of the claims. He asked that the damages claim for the alleged assault be set at £5OO and the claim for alleged trespassing and conversion of chattels be £9O, with £lO special damages. Kilminster said he owned and occupied a house in Martinborough. When his daughter, whom he had told to leave home, returned with the constable in plain clothes and a carrier’s truck for her belongings he agreed to let her take them. Plaintiff refused to admit the carriers, who were then given permission by Weatherhead. The girl started to take household items which did not

belong to her. When plaintiff objected and tried to restrain her he was held back by the constable. Kilminster said he was held for quarter of an hour while other belongings were removed. He was severely bruised about the forearms and was bruised elsewhere while struggling with the constable. After the girl and lhe carriers had left the constable stayed behind and asked for a beer, plaintiff said. Given some, the constable said: “Don’t let this go any further, Fred.” A complaint was made to the Masterton police by telephone and in writing the next day, Kilminster said. Dr. H. N. Budd said the bruising and other injuries were consistent with what plaintiff said had happened. The medical examination was made the day after the alleged assault. The hearing will be continued tomorrow.