Court Told Man Not Linked With Attack

Press, Volume CVII, Issue 31440, 5 August 1967, Page 38

Court Told Man Not Linked With Attack

(New Zealand Press Association? AUCKLAND, August 4.

There was not sufficient evidence to connect Warren Franklin Clisby with a burglary or with the attack on a detective which followed, his counsel submitted in the Supreme Court at Auckland today.

Clisby, aged 24, a freezing worker, is charged with wounding Detective-Sergeant Brian John Cameron on June 7 with intent to cause him grievous bodily harm.

He is also charged with breaking into the premises of Berlei, Ltd., , and with being in possession of instruments capable of being used for burglary. Mr Justice Speight told the jury that he would direct it to return verdicts of not guilty on four other charges of burglary. Another man, James Black, aged 37, a workman, has pleaded guilty to wounding the detective sergeant, to breaking into Berlei, Ltd., to possessing house-breaking implements, and to being disguised at night without lawful excuse.

Mr C. A. McLaren, with him Mr B. O’D. Harkins, appears for Clisby and Mr C. M. Nicholson for the Crown. Accused Interviewed

Sergeant L. D. Sinton said today, in evidence, that he had interviewed Clisby on the night of June 7 after he had been captured in the domain.

Told that Detective Sergeant Cameron was in hospital, Clisby said: “It wasn’t me that did it It was Bill, the bloke with me. We didn’t know it was a cop. “Bill said to stop the car. I knew he was going to belt hell out of him, but I didn’t think he’d done that to him."

Morley Robert Dawe said that he had known Clisby and Black when they worked with him at the Southdown Freezing Works. A number of bags produced had been left for a week at his house by Black. He had found the sameT bags, a .22 rifle with a silencer, two twoway radios, black overalls, black gym. boots and a balaclava under his house on June 12. He did not know when or by whom those things had been put there. The police had taken these and other articles away. Recalled, Detective Sergeant Cameron said that he had seen Clisby using a radio from a car in Hobson street. It appeared to be the same as those found under Dawe’s house. The balaclava and a jersey found there were identical to those worn by his assailant. Address To Jury

No evidence was called for the defence.

Mr Nicholson told the jury that It should have little difficulty in inferring that Clisby was a party to the burglary of Berlei, Ltd., to the wounding of the detective sergeant and that he was in possession of house-breaking implements. Unless the jury was satisfied that Black was the intruder, there was no case against Clisby on the burglary charge. He submitted that as far as the assault was concerned, Clisby had not acted in concert with Black but had been only a bystander. Clisby did not know that Black had taken an iron bar from the car or that be intended to hit the detective with it.

His Honour will sum up on Monday.