Committed For Trial

Press, Volume CVI, Issue 31188, 12 October 1966, Page 18

Committed For Trial

(N.Z. Press Association) DUNEDIN, Oct. 11. David John Barnett, aged 22, a seaman, was committed for trial in the Supreme Court on a charge of manslaughter by Mr T. A. Ross, S.M., today.

Barnett (Mr M. J. Knuckey) pleaded not guilty to causing fatal injury to John Redington, aged 19, of Port Chalmers, in a fracas between a group of youths ond visiting seamen on October 1. Mr J. B. Deaker appeared for the Crown. The Magistrate rejected a submission by Mr Knuckey that a prima facie case had not been established. A Port Chalmers shop assistant, Barry John Gray, claimed that he saw Barnett chase Redington and strike him on the back of the head with a piece of wood. Detective Senior-Sergeant R. J. McLennan said that Bar-

nett told him, “I was the one that did the damage” when told that, police inquiries suggested that he was responsible for Redington’s injuries. Douglas Graham Marshall, a factory hand of Sawyers Bay, said that at 3 p.m. on Saturday, October 1, he had been with several youths when one of his friends showed them a large dent in the side of his car. The group decided to see if the man who did it would pay for it. They went in four cars along the road towards the Port Chalmers Hotel.

Near the hotel they saw Barnett and another “boatie” on horseback, and they pulled their cars up alongside.

Only Marshall and three others, Adam and Wayne Hill and John Redington alighted. Adam Hill spoke to the men on the horses. Marshall saw nothing in the hands of any of the youths who alighted from the vehicles. Marshall said he then saw a man running from the direction of the ship. He had an

iron bar in his hand and approached Adam Hill yelling abuse.

Someone in a car passed a bit of timber to Hill, but at this stage nothing further was exchanged except abuse. Suddenly nine men from the ship arrived, and the two Hills and Redington moved to the front of the car. Redington had a golf stick in his hand and in the first melee used it to hit someone on the back.

Things quietened down then, Marshall said, and Redington walked back towards the cars. Barnett and another seaman came after him. He later saw Redington on the ground. Marshall asked Barnett why he had hit Redington, and Barnett replied, “Because he had an iron bar.”

Questioned by Mr Knuckey, Marshall denied having discussed this matter with any. one before the case, and said he was telling the truth. Told that there was evidence that all the youths were out of the cars joining in the general melee, which lasted only about a minute, Marshall repeated that there were only four youths on the road. The others had got “chicken-feet” when they saw the size of the seamen.

One of the 10 seamen had a knife, Marshall said, and the port youths had plenty of tools in their cars they could use as weapons if they had wanted to.

Robert Bruce Waugh, a panel-beater, said he saw Redington “taking on” a seaman who was wielding an iron bar. Three or four other seamen had pieces of wood in their hands. Redington seemed to be keeping out of reach of the bar, but Barnett, holding a piece of wood, chased him round the cars. He saw no blows struck but when he next looked Redington was lying on his back on the footpath. Barnett was about three feet away from him. Barnett then ran off. Waugh said he was not involved in the scuffle, but he had seen two of the Port Chalmers youths striking some seamen with a piece of wood and a pipe. At least two youths were wielding either wood or pipes. Redington held an iron stick.