Court Shown Placards Against Vietnam War

Press, Volume CVI, Issue 31304, 25 February 1967, Page 3

Court Shown Placards Against Vietnam War

(New Zealand Press Association)

AUGKLAND, February 24.

Placards against the Vietnam war, used in demonstrations at Auckland last month during the visit of Air Vice-Marshal Ky, were produced today during the hearing before Mr C. E. H. Pledger, S.M., of defended cases arising from incidents at the demonstrations.

No convictions were entered in any of the eight cases dealt with today. Three charges were dismissed, one defendant who pleaded guilty was remanded without conviction and the remaining charges were adjourned to next Tuesday for decision.

Inspector K. Sykes prosecuted.

A charge of disorderly behaviour in Albert street against John McKay Graham was dismissed. Graham, a 21-year-old student, pleaded not guilty.

The Magistrate said clear evidence had been given by a police witness about an incident in which it was alleged Graham attacked a constable in an attempt to free another person.

However, defence witnesses had all considered it impossible for the incident to have involved Graham, he said. “I am satisfied that the police did observe such an incident that has been related, but in the great surge of people and the confusion it is impossible not to be left

with a reasonable doubt,’* the Magistrate said.

Point Of Law

Disagreement over a point of law caused the adjournment to next Tuesday of cases against Peter William Mawhinney, aged 18. an assistant Post Office technician and student, and Jennifer Margaret Parkinson, aged 18, a student.

They were originally charged with disorderly behaviour, but on the request of Inspector Sykes the charges were amended to obstructing a constable In the execution of his duty on January 24. Mawhinney and Parkinson pleaded not guilty.

Constable M. F. Tunnicliffe said the two were repeatedly asked to keep away from the Star Hotel area, because if they had been allowed to enter it more serious incidents would have been likely.

“No More Lies” They carried placards reading “No more lies—stop this war”, which were shown to the Court.

The witness said the defendants had said they wished to show their protest, and considered it was a free country and that he had no power to arrest them.

He said he warned the pair at least six times that they might be arrested. They had said that they wanted to be. Eventually they were. They had told him they did not consider themselves disorderly.

Mr F. H. Haigh, who represented both, submitted that the charge should be dismissed on the basis that it was unsupported by the evidence. There was no evi-

dence that any action by the pair had prevented or delayed the officer in the execution of his duty, he said. Inspector Sykes submitted that the evidence supported a charge of obstruction. Assault Case

A decision to have been given today in the case of Henry George Fischer, aged 48, an engineer, will be given next Tuesday. Fischer pleaded not guilty to charges of assaulting a policeman in the execution of his duty and, being the driver of a motor vehicle, refusing to give name and address on demand.

Patrick Barney Sheerin, aged 18, an industrial engineer, pleaded guilty to charges of disorderly behaviour and assaulting a policeman in the execution of. his duty. The police withdrew a charge of damaging a pair of glasses. Inspector Sykes said that as the official Ky party arrived on the first night of their stay in the Star Hotel, Sheerin ran twice toward the official car, the second time barging ana struggling violently with police. He was forcibly placed in a police car.

Questioned later, he told the police that he “felt strongly over Vietnam.” Inspector Sykes said that while police tried to arrest another man at 8 p.m. next day, Sheerin went up behind one struggling policeman and struck him a light blow on the head. -He later told the police that he had been hit on the head by a man falling from a building and had “lost his head”. Mr Haigh said Sheerin’s assault was technical only —“a somewhat impetuous blow in unusual circumstances.’’

The Magistrate said that even a technical assault on a policeman must be regarded seriously. He remanded Sheerin to March 3, without conviction, for a probation report and sentence. The Magistrate asked two people standing talking in a corner of the courtroom to leave. No-one moved. He then pointed in their direction and one long-haired youth left the courtroom. Cases Dismissed Constable Colin Mathews said he thought he heard Alan Bruce Thorpe, aged 29, a real estate agency employee, call out the words “fascist pigs” and “police state.” Thorpe (Mr Adams-Smith) pleaded not guilty to a charge of disorderly behaviour on January 25. Constable Mathews said a large section of the crowd barred the way of police who tried to remove an offender. He and other policemen attempted to make a passage, and it was then that he heard the words. Thorpe yelled and shouted and became quite violent, said Constable Mathews. When arrested, he had to be restrained by three policemen. y “Passive Role”

Thorpe, in evidence, said he had gone to the demonstrations to play a passive role. He had found himself surrounded by police and covered his head to protect himself. Constable Mathew’s knee had struck him accidentally. He told the constable to “take it easy,” and said that he had his number. He was then arrested. Thorpe said he did not say the words complained of, or make any resistance. The Magistrate said that a reasonable doubt existed, and dismissed the charge. A charge of disorderly behaviour against Charles Stuart Pilbrow, aged 21, a university student, was dismissed after the Magistrate found that the prosecution had failed to establish a prima facie case. Reserved Decision Timothy Richard Shadbolt, aged 20, a student, pleaded not guilty to a charge of disorderly behaviour in Albert street on January 25. Sergeant B. J. Baker said that at 8.10 p.m., while police were struggling with an offender on the footpath, he was one of the group of police trying to hold back a crowd pushing forward to interfere with the arrests. Shadbolt had been carrying a placard. He burst from the crowd towards the police. Sergeant Baker said he reached Shadbolt as he was about to grasp a kneeling policeman by the shoulders. “Not Mistaken” Cross-examined by Mr Haigh, the witness denied that Shadbolt was one of a group of people who had fallen over in the crush. He also denied that Shadbolt’s arrest was a case of mistaken identity. Mr Haigh submitted that the disorderly behaviour charge should not hold, as Shadbolt’s moving forward with arm outstretched did not constitute disorderly behaviour.

Inspector Syke" said that the incident had to be viewed in regard to other events taking place at the time. Shadbolt’s action in rushing forward must be regarded as “lending fuel to the fire and influencing persons toward further disorder,” he said. The Magistrate reserved his decision, and said he would give it with the other cases on Tuesday morning.