MAGISTRATE’S COURT Charge Of Obstructing Police Dismissed

Press, Volume CVI, Issue 31316, 11 March 1967, Page 19

MAGISTRATE’S COURT Charge Of Obstructing Police Dismissed

The constable was somewhat over zealous and a degree of tact and consideration was called for in such interrogation, said Mr P. L. Molineaux, S.M., in the Magistrate’s Court yesterday when dismissing a charge against Paul Adrian Walton, aged 19, a telephone trainee, of wilfully

obstructing Constable Trevor Wilfred Roswell in the execution of his duty on February 24. Walton (Mr P. G. S. Penlington) pleaded not guilty. John Robert Moyle said he was riding his motor-cycle on Riccarton road at 8.30 p.m. with Walton as a pillion passenger. A police van was stopped at the Clarence street lights and a police dog was being let out Moyle wept past the police van when the lights changed but was stopped further along the road. Constable Roswell asked - Moyle for his driver’s licence, which he did not have with him, then asked him the number of his motor-cycle. Moyle could not remember it and was not allowed to look, he said. Walton then asked what the offence was and Constable Roswell told him to keep quiet or he would be charged with obstruction. Moyle agreed with Mr Penlington that Constable Roswell used words to the effect of “shut up, wise guy, or you’ll be locked up for obstruction.” He said Walton started to ask ■ a question again but was ' “grabbed and put into the ' van.” Moyle later went to the J Central Police Station but < was told to get out. He was 1 not told where Walton was. 1

Moyle then went to Walton’s home and told his father. Constable Roswell said he stopped Moyle for passing on the left Walton interrupted on two occasions and was warned to keep quiet or he would be arrested for obstruction. The second time Walton interrupted he was arrested. He said he did not reply to Walton’s question because he was not speaking to him at the time. Constable Roswell denied saying “shut up, wise guy,” to Walton. He said he suspected the motor-cycle had been stolen.

The Magistrate said it was quite reasonable to ask what the offence was even if the reason for being stopped was suspected. It had to be remembered that as far as a member of the public was concerned being stopped by the law was of some significance.

A simpler way around the matter would have been to tell Walton what the offence was, said the Magistrate. Mr Penlington asked for costs against the police. He said Walton’s father was not told of the affair until Moyle told him. Walton was detained in cells until the following morning when he appeared in the Magistrate’s Court. The detention was out of all proportion to what Walton did. The application was refused. FINED £8 Alison Ann Beauchamp, aged 17, a waitress, was fined £5 on a charge of using obscene language in Colombo street on January 15 and £3 on a charge of assaulting a girl on the same date. She I pleaded guilty to both charges. Detective Sergeant K. T. J. Dalzell said Beauchamp was a pasenger in a car driving in Colombo street at 1.30 a.m. She used the language complained of to two girls who were walk-

ing across the street. Beauchamp and another girl then got out of the car and pulled at the clothes of the other two girls.

(Before Mr K. H. J. Headlfen, S.M.) RECKLESS DRIVING “This Is another example of a responsible citizen who, when he is behind the wheel of a motor-car, becomes irresponsible,” the Magistrate said when he fined Allan David Cook £2O and disqualified him from driving for 12 months on a charge of reckless driving.

I Cook, a hydrological field as- , sistant, aged 20 (Mr J. W. Dal- ’ mer), said he had become “In- • excusably annoyed” when a car ■ emerging from Hay’s Riccarton . car park on October 28 had . failed to give way to him, forc- • Ing him to brake fiercely. > "It may be that the defendant was fdrced to brake by the ' action of the other driver. 1 Thereafter the actions of the - defendant were deliberate, and intended to cause a situation of I danger.” the Magistrate said. CHARGE DISMISSED i A charge against Willem . Henk of failing to comply with , the traffic lights at Memorial avenue and Fendalton road on November 8, was dismissed before any defence evidence was called, the Magistrate saying that the prosecution evidence fell far short of that necessary to warrant a conviction. Henk, a repair serviceman, aged 33, was represented by Mr G. W. Rountree. CHARGE REDUCED A charge of driving at a speed which might have been dangerous th Fitzgerald avenue on December 25, against Brian James Beattie, was reduced “with some reluctance,” the Magistrate said, to one of exceeding 30 miles an hour, because of the absence of other vehicles, the good visibility, and the fact that the road was laned.

Beattie, a driver (Mr W. A. Wilson), pleaded guilty to this charge and was fined £lO and ordered to attend a course of traffic lectures. UNLAWFULLY OVERTOOK Albert Gerald Merchant pleaded guilty to a charge of overtaking on a section of the tunnel road marked with two centre lines on November 9, and was fined £5. (Before Mr E. A. Lee, S.M.) STOLE WATCHES Leonard Francis Barrett, aged 17, unemployed was convicted and remanded in custody until March 17 for a probation officer’s report and sentence, when he pleaded guilty to a charge of theft of seven men's watches, valued at £92 2s, the iroperty of Crescent Jewellers, ,td., on March 6. Sergeant F. G. Mulcare said

that th. defendant bad gone into the ahop at New Brighton. After he diverted the attention of the shop assistant, he nut the watchea in his pocket. The manager followed him and found him in another jeweller’! shop further along the road. CHARGE ADMITTED Keith Mouritsen, aged 38. a ditch cleaner, was convicted and remanded on bail until March 17 for a probation officer’s report and sentence when he pleaded guilty to. a charge of attempting to obtain £127 8s from the Commercial Bank of Australia, Ltd., Lichfield street, by false pretences on March 9. Sergeant Mulcare said Mouritsen had produced a cheque to the bank and tried to cash it. The managing director of R. C. Rollo, Ltd., who was called to the bank recognised the cheque as one of 10 that had been stolen from the firm the night before. DISCHARGED Frank Lester Reynolds, aged 19, a lineman (Mr K. N. Hampton) was discharged under Section 42 of the Criminal Justice Act when he appeared on a charge of obstructing Constable William Gordon in the execution of his duty at a fire in Carlyle street on February 25. He pleaded not guilty. Constable Gordon said that the defendant refused to move out of Carlyle street when the public were moved out because of the danger of chemical explosion. He said he wanted to help move trucks from buildings endangered by the fire. He was ordered to pay £5 towards the cost of prosecution.

ON ENCLOSED PREMISES Frank Sidney Millward, aged 21. a builder (Mr D. H. Stringer) was convicted and fined £7 10s when he appeared on a charge of being found in an unoccupied fiat In Gloucester street on March 10. He pleaded guilty. Sergeant Mulcare said that the defendant was found in the flat with another man. They were asleep. The defendant said that he went to a party and fell asleep. They had no knowledge of the wreckage at the flat.

A 22-year-old man, whose name was suppressed, was discharged under Section 42 of the Criminal Justice Act when he appeared on a charge of being found unlawfully on the Bank of New Zealand’s construction in Cathedral square on March 10. He pleaded guilty. He was ordered to pay £5 towards the cost of prosecution. THEFT David Hector Auld, aged 19, a truck driver, was convicted and fined £l5 when he pleaded guilty to a charge or theft of a piece of drain pipe, the property of H. N. Truscott, valued at £l, on March 3. OBSCENE LANGUAGE Peter James Gale, aged 20, a clerk, was convicted and fined £lO when he appeared on a charge of using obscene language In Colombo street on March 9. He pleaded guilty.