MAGISTRATE’S COURT Youths Convicted After Brawl With Police

Press, Volume CVI, Issue 31364, 9 May 1967, Page 15

MAGISTRATE’S COURT Youths Convicted After Brawl With Police

A constable told Mr P. L. Molineaux, S.M., in the Magistrate’s Court yesterday that he remembered being punched on the head and kicked in the face and back before he fell unconscious into the gutter during a brawl at Lyttelton at 2 a.m. on April 23. The constable, Patrick Joseph O’Halloran, said he suffered concussion, cuts, and bruises and was admitted to hospital after the brawl. He was off work for 14 days. Three youths and a girl appeared in court and admitted taking part in the brawl, which took place in Norwich quay when a group of youths attacked two constables.

The youths were convicted on charges of assault, resisting the police, and obscene language, and were remanded on bail to May 12 for sentence.

John David Ritchie, aged 20, unemployed, pleaded not guilty to assaulting Constable O’Halloran, guilty to assaulting Constable Kevin Thomas Boyle, and not guilty to resisting Constable Boyle in the execution of his duty. Ritchie was convicted on all charges. Keith Graham McCormick, seed 19, unemployed, pleaded guilty to assaulting Constable O’Halloran, resisting Constable Boyle, and wilfully obstructing Constable Boyle. Kenneth John Claydon, aged 19, a driver, pleaded guilty to assaulting Constable Boyle, using obscene language, and resisting Constable Boyle. Jennifer Kathleen McDonald, aged 17, a machinist, pleaded guilty to a charge of inciting Claydon to resist Constable Boyle. She was fined £7.

Ritchie was represented by Mr R. G. Blunt, and the others by Mr M. J. Glue. Constable Boyle said that when he and Constable O’Halloran stopped outside a cafe to make inquiries about a vehicle parked nearby, Claydon used obscene language, and he went forward to arrest him.

The youths suddenly formed a Rugby scrum and charged the constables, knocking them into the gutter. A violent struggle followed, Ritchie and McCormick fighting Constable O’Halloran and Constable Boyle struggling with Claydon.

Ritchie and McCormick knocked Constable O’Halloran to the ground and got on top of him and started punching him, Constable Boyle said. While he was holding Claydon down on the footpath by sitting on him, Ritchie kicked the witness in the face with his sandshoes. ’ Police reinforcements arrived, and after a violent struggle the three youths were taken to the Lyttelton Police Station.

Detective T. 0. Tozer said that when he arrived with reinforcements the two constables were exhausted, and Constable O’Halloran needed medical attention. He had the accused transferred to the dog van so he could take Constable O’Halloran to the hospital. Ritchie objected to being put into the van with the police dogs. Ritchie said he did not assault Constable O’Halloran, but admitted the assault on Constable Boyle except for the allegation that he kicked him. Constable Boyle, he said, pushed him while he was standing in front of the cafe. When Constable Boyle was holding Claydon on the ground, he pulled Constable Bovle off.

Ritchie objected to be placed in the police van with the dogs because as they were being put in the van one of the dogs lunged at him, tearing his shirt and nipping his shoulder. They were thrown into the van with a partition between them and the dogs. When he was at the police station a constable held him while Constable Boyle struck him several times with his fist in the face and stomach. As a result, he suffered two black eyes. When Constable Boyle was cross-examined by Mr Blunt

about incidents at the police station, the witness said he did not see Ritchie at the station. After the youths had been stripped and searched they were taken to a police van.

Mr Blunt: What were they wearing then? Constable Boyle: He (Ritchie) wasn’t wearing anything at that stage. They were taken from the police station to the police van and their clothes travelled with them in the van to Christchurch. Ritchie said he was fully dressed when the alleged assault took place.

SEVEN CHARGES John Nelson Wederell aged 18, a crane driver, was remanded in custody to May 11 for sentence on seven charges. He pleaded guilty to unlawfully taking a car, using obscene language, reckless driving, driving in a manner which might have been dangerous, failing to stop for a traffic officer, failing to stop for a siren, and failing to supply his name and address.

The charges were brought by the police and the Transport Department. The offences were committed on April 29 and May 3 and arose from two high speed chases of a vehicle driven by Wederell by Traffic Officer T. G. Slipper and Traffic Officer A. D. Russell.

Traffic Officer Slipper said that at 7.20 p.m. on April 29 he tried to stop Wederell who was driving a car along Riccarton road without lights. He refused to stop and he gave chase in the patrol car with the siren and flashing red light on. Wederell increased speed. The patrol car drew alongside Wederell’s vehicle which was travelling 40 miles an hour when it suddenly swung left into Konini street and travelled for a block on the wrong side of the street. The car driven by Wederell went right around the block and went through the stop sign at the corner of Clyde and Riccarton roads at 25 miles an hour.

Further attempts were made to stop Wederell in Riccarton road where he was clocked at speeds of up to 52 miles an hour. The accused forced the traffic officer to drive over the centre of the road and he overtook eight cars. The traffic officer had to drop back. At the traffic lights at the Straven road corner Wederell went through a red light at 25 miles an hour into Straven road. Wederell stopped when he saw another patrol car, which had been summoned by Traffic Officer Slipper on the radio. Wederell admitted to the traffic officer he was trying to

“outstrip” him. He refused to give his name and address and the police were summoned. When Wederell was asked to shift bis car which was parked over a driveway he used obscene language. On May 3 about 11.40 p.m. Wederell was checked at 45 miles an hour on Riccarton road by Traffic Officer Russell who gave chase. Wederell increased speed to 60 miles an hour and between Church Corner and the Sockburn roundabout he reached 90 miles an hour.

The traffic officer had his siren and flashing red light on. When he signalled Wederell to stop he braked and pulled in towards the side of the road. Suddenly he accelerated away. After going around the Sockburn roundabout Wederell was later located in Waimairi road.

“TECHNICAL THEFT” Brian James Edgier, aged 20, a tractor assembler, was placed on probation for a year when he appeared for sentence on a charge of stealing a car valued at £220 the property of Warrick Creditors.

“This charge arose out of your purchase of a car on hirepurchase,” the Magistrate said. “You paid a deposit of £llO and the balance was to be paid in instalments. After you were disqualified from driving you sold the car when there were instalments still owing. Although you intended to pay the instalments after the vehicle was sold it was not yours to sell, and this is theft, but it is only a technical offence.” DISQUALIFIED UNTIL 1973 A 20-year-old woolstore worker will not be able to drive again until March, 1973, because of disqualifications imposed on him for driving offences. Anthony John Keating, who was already disqualified until October, 1970, appeared for sentence on three charges of unlawfully taking a motorvehicle and one charge of driving while disqualified. He was disqualified from driving for six months on each charge of unlawful taking and disqualified for one year on the charge of driving while disqualified. He was sentenced to Borstal training on each charge. (Before Mr E. A. Lee, S.M.) FINED £3O On a charge of assaulting Constable Peter John Fair on May 5, John Alexander Haggerty, aged 22, a seaman, was convicted and fined £2O, tn default 21 days’ imprisonment. He was convicted and fined £lO, in default 12 days’ imprisonment, on a charge of assaulting Peter Colin Mangus on the same date. He pleaded guilty. Detective-Sergeant A. B. Dalzell said the defendant had

struck Mangus, a hotel keeper, when told he would have to vacate bis room. In a scuffle at the police station he hit the constable on the chin. ESCAiPING A sentence of six months’ imprisonment was Imposed on Eric James Smylie, aged 27, on a charge of escaping from Paparua Prison on May 5. The sentence is to be served cumulatively with a sentence of nine months’ imprisonment on March 23. He pleaded guilty. Detective-Sergeant Dalzell said the defendant escaped at 11.35 a.m. and was arrested .at 3.10 p.m. He offered no resistance. A suicide note had been found among hds toilet gear at the prison. ASSAULT Mana Malcolm, aged 31, a driver (Mr L. M. O’Reilly), was convicted and fined £6 on a charge of assaulting Hula Christina Hutana on May 7. He pleaded guilty. Detective-Sergeant Dalzell said the complainant was treated at Christchurch Hospital for minor injuries. The assault occurred as a result of a dispute in a restaurant. DESERTI-ON Barry Norman Broks, aged 17, a seaman, was convicted and fined £lO and ordered to be detained in custody under the Shipping and Seamen Act on a charge of deserting the m.v. Northumberland at Auckland on April 21. He pleaded guilty. LIQUOR OFFENCES On a charge of supplying a minor with liquor at the Springston Hotel on April 1, Clifton William Gordon Stanley, a hotel keeper, was convicted and fined £B. He pleaded guilty. On charges of being a minor found in the public bar of the Springston Hotel on April 1, the following were convicted and fined £5 after entering pleas of guilty:— John Humphries, Graham Reid, and Murray Ross Wakelln. EXCEEDED 30 M.P.H. Thomas Albert Waller was convicted and fined £lO on a charge of exceeding 30 miles an hour on Fitzgerald avenue on March 27. (Before Mr K. H. J. Headifen, S.M.) THREE CHARGES A woman who claimed she found a parcel containing articles of school uniforms by a gutter in Latimer square between January 7 and 11 was convicted on three charges. She pleaded not guilty to charges of stealing one Rangiruru School blazer, one tunic, three cardigans, and one St, Margaret’s School kilt, the property of a person or persons unknown, to a total value of £33 6s between January 23 and February 5; of obtaining £4 18s 6d in cash from a shop and by falsely representing that the St. Margaret’s school cardigan was her own property; and of attempting to obtain £2O in money by falsely representing that other items of the clothing were her own. "I express considerable doubts about the defendant’s story of finding the goods in Latimer square, said the Magistrate in entering the convictions.

“It is remarkable that some of the goods had been out of stock for two years. It Is remarkable also that there was no identification. . . . One would have thought that there would have been some sort of identification, such as a price tag, warehouse markings, or an address.”

The defendant had made no inquiries but had sat on the

goods and decided they were hers, raid the Magistrate. He said she went into the shop to defraud —determined that someone was going to give her a cash refund. Interim suppression of the woman’s name was continued. She was remanded until May 15 for a probation report and sentence. Ball was allowed.