Fight At Railway Station DETECTIVES FINED FOR ASSAULT

Press, Volume CVI, Issue 31365, 10 May 1967, Page 3

Fight At Railway Station DETECTIVES FINED FOR ASSAULT

(Neto Zealand Press Association)

WELLINGTON, May 9. Four detective constables were convicted on charges of assault and fined in the Wellington Magistrate’s Court today.

Mr R. M. Grant, S.M., convicted James Edward Clews, aged 37, Stephen Michael Dean, 23, Paku Edward Hill, 30, and Levin John Reilly, 29, in a decision reserved from April 24 when the case was heard.

Dean, Clews and Hill were each fined £l5 with costs 10s and witnesses’ expenses 30s, on a joint charge of assaulting William Rawson Aislabie, aged 20, a pharmacy student. Reilly was fined £7 10s, with costs 30s, and witnesses’ expenses 30s, on each of two separate charges of assaulting Aislabie and Murray Arthur Cornford, aged 21, a driver.

They had each pleaded not guilty. Mr W. V. Gazley appeared for the defendants, and Mr W. R. Birks prosecuted. All the charges arose from happenings at the Wellington railway station on the evening of Saturday, March 4. In a written judgment, the Magistrate, outlining the case, said that Aislabie was using a telephone box. Reilly had attempted to make a call at another box, but the slot had jammed and Reilly decided to use the box being vacated by Aislabie. The latter’s unhurried departure from this telephone box synchronised with Reilly’s impatient, barging entry and an argument developed. Aislabie was indignant at Reilly’s ill manners. Tempers and voices rose and Reilly’s three friends, Clews, Dean and Hill, were nearby and rallied to his aid.

Aislabie’s friend, Cornford, was given the impression that Aislabie was being surrounded by stand-over men and he promptly stepped between them and his friend.

The Magistrate said that, having carefully considered the evidence and the demean-

our of the witnesses, he had come to the firm conclusion that the defendants had been far from candid throughout the proceedings. Where their evidence was in conflict with that given by the prosecution, he unhesitatingly rejected their testimony.

“I am satisfied that Reilly struck both Aislabie and Cornford and that the other three defendants were all parties to the assault of Aislabie,” said the Magistrate. “An effort was made to exculpate Hill. He testified that he only saw the end of the scuffle and that he did not see any of his friends involved. “I do not believe Hill’s testimony. “His friend, Dean, testified that he saw Hill about 10ft away. Aislabie, when down on the asphalt, observed that one of the men standing over him was dark. Hill is Maori. Reilly swears that he did not

strike anyone and that he only placed his hand on Aislabie’s shoulder. “I do not believe Reilly’s evidence,” said the Magistrate.

“Dean swears that he did not strike Aislabie. I do not believe his evidence.

“Although Clews states that he was the victim of a tackle, I am satisfied that Clews was one of those in the attack on Aislabie and that he took part in the brawl as a party equally blameworthy as his friends,” said the Magistrate. “Convictions are accordingly entered against Reilly on the two separate charges of assault; Clews, Dean and Hill are convicted on the joint charge of assaulting Aislabie.”

The Commissioner of Police (Mr G. C. Urquhart) said later that the four detective constables would be suspended until their appeal was heard. He made no further comment.