MAGISTRATE’S COURT Man For Trial On Charge Of Injuring Child, Aged Four

Press, Volume CVI, Issue 31237, 8 December 1966, Page 9

MAGISTRATE’S COURT Man For Trial On Charge Of Injuring Child, Aged Four

Patrick Frederick Mullaly, aged 46, a truck driver, was committed to the Supreme Court for trial on charge of assault causing bodily harm to Kevin James Robert Mullaly, aged 4, on October 10 in Bateman avenue, when he appeared before Messrs C. E. Wilkins and S. Marshall, Justices of the Peace, in the Magistrate’s Court yesterday. He pleaded not guilty and was represented by Mr D. M. Palmer.

Marjorie Vera Taylor, a factory worker, the accused’s de facto wife, said that on October 10 she was working at her employment The accused had telephoned her demanding an explanation why she had told Kevin to call another man his father. The witness denied this. At 9 p.m. the witness’s daughter telephoned to tell her that Kevin was going to hospital.

She went home to Bateman avenue and then to hospital with Kevin. Kevin was a “normal boy before he went to hospital and now he was in a very bad way,” she said.

Dr. Maxwell Chirnside said that at 10 p.m. on October 10, Kevin Mullaly had been admitted to the recovery ward of the Christchurch Hospital. He was unconscious and shocked. He had a ragged wound by the left ear from which brain tissue was issuing.

X-rays showed extensive fractures to the head. Kevin was paralysed on his right side, the doctor said. He thought that the wound could have been caused by a fall from a high roof. Kevin was now able to walk and talk a little, but he could not use his right hand, he said.

Edward Frederick George Taylor, aged 16, a factory worker, said that he arrived home about 7.45 p.m. on October 10. He saw the accused walking out the front door with Kevin in bis arms. Kevin was wearing his pyjamas and a dressing gown. He saw them go out the gate and he told his brothers. They all went out on their bicycles to look for the accused and Kevin. After riding around the streets they returned to the house and then saw Mullaly and Kevin walking down Bateman avenue towards the house.

They went to the back door but it was locked. The accused took Kevin out on to the street and down the footpath. He was carrying Kevin on his shoulders. The accused threw Kevin to the footpath, hitting his head on the ground. Kevin hit the ground hard. The accused ran away. He ran into a house but Benjamin Stanley Taylor, the witness’s brother, caught the accused. He escaped and ran over the road into another property all the time calling out, “I did not hurt him.” They chased him down Bateman avenue and on to Ham road. Mullaly then stopped a car and asked for help. They then went back to the house.

Sergeant V. F. Townshend sail that on October 10 he was at his home in Taylor avenue. At 9.20 p.m. the accused had called there. The accused was incoherent and distressed. He kept referring to a four-year-old child. Sergeant Townshend said that he then phoned the Central Police Station and he was informed that an attempted murder had taken place at Bateman avenue. Two detectives arrived at the sergeant’s house.

Detective Norman Scott said that on October 10 he had gone to Bateman avenue with Detective-Sergeant Kimber. They conducted a search for evidence and the accused.

They were then instructed to go to Sergeant Townshend’s home in Taylor avenue. There they found the accused in the kitchen. He was shaking and rambling incoherently. Detec-tive-Sergeant Kimber spoke with the accused for 15 minutes and the accused calmed down somewhat, Detective Scott said. The two detectives then took the accused to the Central Police Station. Detective-Sergeant Barry Kimber said that when he and Detective Scott arrived at the police station he took a statement from the accused. The accused stated that when he arrived home on October 10 at 6.45 he had tea in the living-room. His de facto wife was at work. Kevin said to him that his mummy had told him to call another man daddy. He then phoned Taylor who strongly denied this. He then took Kevin for a walk around the streets. When he arrived back he was locked out so they went for another walk towards Ilam road. The Taylor boys then chased the accused and he began running. After a few paces he tripped and fell and Kevin was hurt. The boys grabbed him but he escaped. One of them said that Barry would knife him. After calling at several places he went to Sergeant Townshend’s house.

At the end of the statement the accused said that he did not mean to hurt the boy. He loved him.

Mullaly was remanded in custody to the Supreme Court.

(Before Messrs G. W. Fairweather and L. H. Petrie, Justices of the Peace.) COMMITTED FOR TRIAL Douglas Ayson Bain, aged 32, a kitchen hand (Mr R. F. B. Berry), was committed to the Supreme Court for trial on a charge that with intent he caused grievous bodily harm to Hilda Bain in Hooker avenue, Bryndwr, on October 25. He pleaded not guilty. Mrs Hilda Bain, wife of Douglas Bain, said he had been an alcoholic since she had met him in 1956 and he was a member of Alcoholics Anoymous. She said he had shown violence towards her on previous occasions and two months before the present incident he had threatened to kill her with an axe. In early October he had arrived in a drunken state at a friend’s house where he had attempted to strangle her. Mrs Bain said that on the evening of October 24 she had gone to bed. At the time her husband was living at a friend’s house.

About 2 a.m. on October 25. Mrs Bain said she woke to find her husband standing by the bed. They had moved to the lounge where they discussed their marriage until dawn.

At dawn they had both left the lounge but returned and he was carrying a butcher’s knife in his hand, said Mrs Bain. He was holding it low down. “Suddenly, after a short discussion he just rushed at me,’’ said Mrs Bain. “We fought together and I was pushed over to the fireplace by an armchair. While fighting he tried to cut me with the blade of the knife. “He grazed my chest with the knife, but during the struggle the knife fell out of his hand,” said Mrs Bain. “Then he picked up a hearth shovel and began belting me around the head with it.

“When my husband had finished belting me with the shovel, I fell Into his arms,” said Mrs Bain. “He left the lounge and eventually went out the front door.”

Dr. Brian Max Robertson, a house surgeon at the Christchurch Hospital, said that Hilda Bain had been examined at 5.40 a.m. at the hospital.

“Mrs Bain was semi-conscious shocked and covered in blood at the time,” said Dr. Robertson. “She had suffered extensive skull lacerations, lacerations to the left cheek and lacerations to the tips of the fingers of the left hand.”

Rang! Samuel Repia, aged 46, a workman (Mr P. D. A. Hinchliff), was committed to the Supreme Court for trial on a charge that he broke and entered the dwelling of Dorothy Carmichael with Intent in Jones road on November 11. He pleaded not guilty to the charge. Bail was refused. (Before Mr H. J. Evans, S.M.) DISQUALIFIED Donald James Grieve, aged 19, a rubber worker, was fined £2O and disqualified from driving for 18 months on a charge of dangerous driving on July 5. On a charge of having no driver’s licence he was fined £lO and ordered to pay witness expenses £l.

Dennis William Alfred Horton said he was returning home ’rom football practice along "farper avenue when a small :ar driven by the defendant had >assed him and six other cars >n the wrong side of the road, orcing oncoming traffic to swerve to avoid him.

The defendant then cut inside mother car and passed him on he left. At the intersection >f Fendalton road and Harper ivenue, he passed on the wrong ’ide of the road and drove wound the bend towards the liccarton roundabout. He drove o slowly round the roundabout hat three cars which had been Allowing were able to pass the lefendant’s car, Horton said. At the Straven road lights the ■tefendant was at the head of i line of traffic when the lights urned green, but watted till ’he lights turned orange before he drove off.

Horton drove up behind him after they took off and noted the number of the defendant’s car, and made a complaint to the traffic department. When Interviewed later by a traffic officer, Grieve admitted he was the driver of the car.

OTHER TRAFFIC CASES In other prosecutions brought by the Christchurch City Council traffic department convictions were entered and penalties Imposed as follows, with costs of £1 Ids on each charge: Exceeded 30 m.p.h.: ' Bryan David Whisker, £6 ids: Noel Alexander Walker, £8 (no warrant of fitness, 10s): Clive Robert Patterson, £l2 10s; Brian Leicester Miller, £6: Lawrence John Millar, £lO (failed to stop at stop sign, £3); Graeme Eric Sandford, £0 10s (passed on intersection, £2): R. J. Hasell, £4; Gerald Lawrence Wyles, £3; James Robin Musgrove Davidson, £7 10s; Julia Ann Hartland. £4: William Gourley, £5; Gerald Edward Carr, £0 10s: James Douglas Corbett. £5 10s: Robert Edmond Hart, £6 (failed to stop at stop sign, £10); Stuart Hector Mace. £6: Peter John Mills. £7: Hamish John Reid, £7 (failed to keep left. £5); Thomas John Black, (7 10s; Alan John Caine. U: Llndlay Jon Robert Franeis. £8; Marga-

ret Joan Casey. £7 10s; Doreen Huddy, £4; Paul William Bowden, £6; Richard Reginald Sweat, £5; Arthur Bertram Thorpe, £9; Roger Malcolm Williams, £7; Joseph Richard Cockburn, £8; Charles Henry Chettleburgh, £7 10s; Robert Cowley Clarke, £9; Adrian John Jackson, £8 10s; Gary Roger Burgoyne, £8; Maude Elizabeth Etheridge, £9; Harry Thomas Gilbert, £6 10s; William Henry Hoare, £5; Clarence William Jones, £5; Cyril John Murray, £8; Robert Kevin Allen, £6; Paul Vaughan Costigan, £6; Margaret Rutherford Fitts, £5; John Richard Green, £8: Kay Lorraine Matthews, £5; Phillip John Mills, £4: Patrick John Robbins, £8; Erik Graham Rutherford, £5; Paul Thomas Allen, £6; Robert Arthur Brown, £10; Gary James Easter, £7; Allen Hunter. £5: Peter Wyse King, £6: Geoffrey Bernard Knight, £5; Cecil George Lapthorn, £8: Bernard John Steffens, £5; Keith, Forsyth Thompson, £5; Franz van der Steeg, £6 10s; Percy George Wederell, £6; lan David Bagrie, £8; Kenneth Marshall Baxter, £4; Myrtle Josephine Carnie, £6; Evan Keith Cayford, £7; George Drayton, £7; Francis Early, £3; Colin Evans, £5: Johannes Theodorus Kerkvliet, £4; Patrick Osborne, £5; William Edwin Parr, £7; John Bolton Richard, £4; Henry Russell Rolllnson, £4; Dennis James Stephenson, £4; William Thomson, £5; Lloyd Dennis Ure, £8; John Richard Andrews, £8 10s; Frederick Campbell Bowis, £6 10s; Sheila Margaret Casson, £6 10s; Hugh Charles Foster, £10; Harold Spencer Latimer, £7; Alexander Liggett, £4; Trevor Walter Rowe, £8 (failed to keep left, £3); William James Sparks, £6; Francis Martin James Twort, £7; Trevor William Walsh, £5.

Exceeded 55 miles an hour: John Grant Asher, £7 10s; Pax Neill Northover, £7; James Hugh Moore £18; Dudley Lawrence Drummond, £5 10s: Leslie Roy Bagrie, £7 10s; Malcolm McDonald Rae, £8; Willy Anton Studer, £3 10s (failed to keep left, £3 10s); Doreen Ivris Weir. £lO.

Careless use of a motorvehicle: Rita Mary Jamieson, £5 10s; Richard Sturrock Wright, £3; David Eric Bell, £8; Lawrence John Dunphy, £6. Failed to stop at stop sign: Graham M. Hamblyn, £7 10s; Graham Alfred Bishop, £8 10s; Rosalie Margaret Brandt, £5; David Leslie Drury, £7: Margaret Mary Jennings, £4; Edward John Radcliffe, £5; Judith Ann Savage, £4; Peter Wayne Davis £8 10s; Edward Alva Obery, £7 (exceeded 30 miles an hour, £5); Michael James Sullivan, £6; Marion Shirley Timpany, £6. Unable to stop in half clear distance: Velda Lorraine Kelly, court costs only; Patrick Frederick Monaghan, £4; James Stewart Wilson, £6.

Passed on intersection: John William Lewis, £7 10s; Alan Keith Stephans, C 3 10s. No certificate of fitness: Wood Bros., Ltd., £5 (exceeded axle weight, £5). Exceeded heavy traffic licence: W. A. Habgood, Ltd., £4 (exceeded axle weight, £4). Used car horn unreasonably: Winston Edward Sexton, £3 10s. No red rear light on trailer: Lean Selwyn Havili, £2 10s. Failed to keep left: Garth McConnell Lynch, £2 10s. Exceeded 40 miles an hour with a trailer: Albert Ernest Lyttle, £5 (no warrant of fitness with trailer, £2); Anthony Philip Colin Matthews, £5; Kerry Richard Young, £8; Clifford Donald Bell, £5 10s; Hugh Alexander Mawson Smith, £5; Barbara Ann Summerfield, £5 (insecure trailer, £4).

Permitted unauthorised person to drive: David Wright Millett, costs only. Failed to give way: Ellen Francis Keys, £3 10s; Stuart John Sanderson, £7. Dangerously loaded vehicle: Richard Henry Brett, £2 10s. No warrant of fitness: Harry Watson, £2 10s (using motor vehicle before change of ownership, £2 10s); Raymond Leslie Collins, £2; Trevor Allan Grant, £4; Kenneth Harris, £4; Warwick Robert Anderson, £1 (noisy motor vehicle, £0); Kenneth Leslie Palmer, £3 (having misleading warrant of fitness, £l2 10s); Alma Elizabeth Payne, 10s (exceeded 30 miles per hour, £6 10s); Llewellyn Herbert Beynon, £1; Joseph Alexander Hall, £1 (unlicensed motor vehicle, £5).

Carelessly rode bicycle: Richard Marsh, £1 (no light on bicycle, £1; no tail light on bicycle, £1). No fastener* on door: Richard France Nurse, £2 10s (no rear red reflectors, £2 10s). No heavy traffic licence: Anthius Wenllekers, £4; Gordon Upritchard, £5. Insecure trailer: Maurice Francis Middleditch, £5: Eric Kelvin Eaves, £3 (carried load of excessive width, £10).

Rode motor-cycle on park: John Edward Shepard, £3. Failed to produce driver’s licence: Christopher John Wood £lO (permitted use of unlicensed motor-vehicle, £10).

Proceeded from stop sign before way was clear: Dorothy Mavis Evans, £5, disqualified for three months.

Exceeded axle weight: Isaac Construction Company, Ltd., £5; Bernard Ryan, £5; Stevenson’s Motors, Ltd., £4 (operating unlicensed goods vehicle, Court costs only). No driver’s licence: Francis lan Levien, £10; James Anthony Martin, £8; Thomas James Moore, £lO.

Permitted use of unlicensed motor vehicle: Arnold Arthur Little, £10; John Robert Priest, £lO (no warrant of fitness, £1).

Exceeded 40 m.p.h. in heavy motor vehicle: Stanley George Devenport, £9. Passed in area controlled by no-overtaking lines: Lawrence James Harrett £8; disqualified for three months. Insufficient lights: Russell John Hawkes. £10; Phillip William Lumb, £7. Drove at dangerous speed: John Joseph Nolan, £2O, disqualified for 18 months. (Before Mr P. L. Molineaux, S.M.) DISQUALIFIED John Roderick McKenzie, aged 19, a student (Mr R. L. Kerr), was fined £l5 and disqualified from driving for a year on a charge of dangerous driving on Park terrace on September 24. On a charge of having no warrant of fitness he was fined £3.

In a reserved decision, the Magistrate allowed McKenzie a partial exemption from disqualification to drive a motor-vehicle within a five mile radius of his father's farm.

OTHER CASES In other prosecutions brought by the Christchurch City Council traffic department convictions were entered and penalties imposed as follows, with costs of £1 10s on each charge:—

Exceeded 55 miles an hour: William Edward Greig, £7 10s; Derek Geoffrey Hamilton, £10; Allan Frederick Kelly, £8; George Kenneth Ferguson, £l5; William Trevor Sheirlaw, £10; Lorraine Beverley Simpson, £(; Nell Maurice Wickham. £B.

Exceeded 30 miles an hour: Bernard Kyle Anderson, £5; David John McHendry, £3; David Eric Bell. £4 (no safety helmet, £1; failed to wear glasses, £1); Graham William Gibbs, £5; Phillip Robert Bowman. £5; David John Gutry, £5; Dennis Clifford Breach, £5; Alex Calder, £3; Ronald Albert Hall, £5; Edward John Harrison, £4; Peggy Lila Coney, £3; Anne Elizabeth Huddleston, £4; Gary Tom Cooper, £3; Christina Hugh, £3; Reginald John Cunningham, £3; Robin Reid Jackson, £4; Peter John Diver, £5; John Lindsay Drummond, £7; Robin Phyllis Kirk, £3; Henry Jame Earle, £4; Basil Ford. £4; Kenneth Alex Lane. IS; Frederick George Langush, £3; Lesley Joan Love-

ridge, £5; Alwyn Joyce McDermott, £4; Kevin John MacKay, £6; Hugh Archibald McLachlan, £4; Harold Edward MaUock, £5; Charles Stitt Martin. £4; John Hugh Mawson, £4; Brian Saville Meredith", £7; James Alexander Palmer, £7; John Hamilton Rankin, £4; Dawn Lorraine Rhodes, £4; Gary William Richards, £5 (passed on intersection, costs only); Desmond Henry Richardson, £4; John Gordon Rutherford, £6: Andrew Roban, £4; John Edgar Rose, £5; Murray James Ross, £5; Rita Jessie SavUl, £4; Anthony Arthur Scott, £4: Ivan Edward Smith, £4; John Francis Smith, £3; Richard Crawford Studholme, £4; Graeme Sutherland, £6; Johannas Adrian Tasman, £4; Peter van Vianen, £4 (failed to produce driver’s licence, £3): Charles Wesley Wallace, £4; Bing Chi Wong, £4; Bruce Francis Moore, £5.

Exceeded heavy traffic licence: Durhams Transport, Ltd.. £4 (exceeded axle weight, £8). Insufficient lights: Lloyd Selwyn Austin, £3; Ronald Temple. £3.

Exceeded 30 miles an hour without safety helmet: Peter John Hopkins. £5. Failed to stop at stop sign: Wayne Allen Kirk, £3; John Dickson, £2. Insecure load: Graeme Carter, £4. Overtook on wrong side: lan David Currie. £6.

Crossed against traffic lights: Michael Moran, £6. Passed on intersection: Robert Leslie Garters, £6.