Teacher Imprisoned For Role In Demonstration

Press, Volume CVIII, Issue 31585, 24 January 1968, Page 26

Teacher Imprisoned For Role In Demonstration

(New Zealand Press Association) AUCKLAND, January 23. A two-month prison sentence was imposed today on a teacher who Mr D. G. Sinclair, S.M., said had played a leading role in a disturbance involving police and anti-Vietnam war demonstrators at Paritai Drive on October 29.

The teacher, John Robert Hartley Gabolinscy, aged 23, was sentenced on a charge of resisting a constable. He was also fined $lOO on a disorderly behaviour charge, and received 12 months probation for the offences, both of which he denied.

The Magistrate said he would impose detention of varying types on three of four other demonstrators who were convicted for charges related to the fracas between the demonstrators and police near the house of the American consul in Auskland.

The Magistrate said a person or group's political ideas or aims were not the concern of the Court. However, the Court was greatly concerned with the preservation of peace and law and order. It was well recognised that a person had certain rights as an individual, but living in a community like this he had certain duties. These included orderly behaviour and due respect foi law enforcement officers, the Magistrate said, adding that Gabolinscy had failed to observe his duties. Deterrent Penalty The Magistrate said this was not a case for discharge without conviction, which Gabolinscy’s counsel, Mr F. H. Haigh, had sought. A deterrent penalty was essential. Mr Haigh submitted that in considering the five people for sentence one had to note the background to the incidents. Earlier in the afternon there had been a peaceful demonstration in Queen Street and Quay Street, and as the demonstration had proceeded toward Paritai Drive it had continued to be peaceful. Mr Haigh said that because of certain actions for which those charged were not responsible, the incident had developed. Gabolinscy’s actions had occurred when

people were in a highly emotional state. He had a good working record and was, of excellent character. Detention Possible William John Sawers, aged 52, was remanded until Friday on bail with a view to an examination to determine whether he was fit for periodic detention, on charges of assaulting Constable R. L. Kerr, resisting a constable, and wilfully damaging a police car. His son, John Roger Sawers, aged 22, a fitter (Mr B. K. Shenkin), was remanded on bail until Friday with a view to a periodic detention sentence on charges of resist-

ing a constable and assaulting Constable A. W. Tremewan. Rex Frank Barry, aged 37, was fined $5O for obstructing a constable. Graeme Harold McLay, aged 18, a drug-house worker, was also remanded to Friday, the Magistrate saying he might sentence him to the Waikeria detention centre (maximum three months) on charges of disorderly behaviour and resisting a policeman. Rescue Of Son

Mr Haig said Barry’s offence was out of character. He said William Sawers had been attempting to rescue his son, who was being arrested, and had a good record as a citizen. He asked for discharges in both cases. Mr Shenkin said William Sawers had been one of a group exercising what they believed to be their rights, and who thought the police were trying to stop them doing this. He was of very good character and a prison sentence could make him feel he was being a martyr. McLay’s offence had not been as bad as some of the others. Factor Noted The Magistrate said he was taking into account the facl that William Sawers was acting as a father emotionally disturbed by the arrest of his son. As to the case against John Sawers, he said assaults on police could not be regarded as trivial. He said Barry had not indulged in violence and was highly regarded as a worker.

McLay’s probation report indicated that he suffered from instability and insecurity. All had pleaded not guilty to the charges.