MAGISTRATES COURT “Thugs” Fined For Assaulting Two Men Outside Hotel

Press, Volume CVIII, Issue 31831, 8 November 1968, Page 7

MAGISTRATES COURT “Thugs” Fined For Assaulting Two Men Outside Hotel

“The Court takes a serious view of this type of assault. People have a right to go to a hotel without being set upon by thugs,” said Mr J. D. Kinder, S.M., in the Magistrate’s Court yesterday when convicting three young men on charges of assault arising from incidents outside the Valley Inn, Heathcote, after closing time on September 7. Frank Ahkoui, aged 21, a factory worker, was fined a total of S5O and was ordered to pay witnesses expenses of 85 and make restitution of 36 on charges of assaulting David Graham Robin and Graham Bell. Douglas Sanfit, aged 21, an apprentice engineer, and Fred Fui, aged 21, a factory worker, were each fined 525 and were ordered to pay witnesses expenses of 85 and to make restitution of S 6 on a charge of assaulting Graham Bell.

The accused pleaded not guilty to all charges. Mr G. R. Lascelles appeared for Ahkuoi and Sanfit and Mr J. W. Dalmer for Fui. Detective Sergeant R. G. McMeeking prosecuted. The case was part heard on Wednesday. Two witnesses for the defence, George Mulipola and David Lawson, said that a man named Monike was the person who had hit Mr Robin over the head vua a bottle, knocking him unconscious.

Giving his decision, the Magistrate said that when Mr Robin left the hotel he saw four Samoans molesting two girls. He intervened and was pushed away. Mr Robin was hit on the head with a bottle by Ahkuoi. Graham Bell was set upon by four Islanders, dragged into a driveway, and kicked and punched. He spent two days in hospital. The Magistrate said he was satisfied that there was no error in the identification. The prosecution witnesses were truthful and intelligent. After hearing the evidence of the two witnesses for the defence he considered that both were untruthful and he also rejected the evidence given by the accused. The assault with the bottle was a savage one and during the attack on Mr Bell the accused put the boot in, the Magistrate said. That sort of thing would not be tolerated. What saved the accused from a heavier penalty was that they were before the Court CHARGES DISMISSED "It is crystal clear to me that a man facing charges for an offence over three years ago must suffer prejudice,” said the Magistrate when dismissing two charges against Graham Henry Ede. aged 25, a soldier. Ede (Mr L. M. O’Reilly) was charged with driving in a manner which might have been dangerous and failing to stop after an accident on March 19 1965/ * r °’ Rein y that when the accident occurred Ede was a soldier at Burnham Military Camp. About three weeks later he was posted overseas, but he returned to New Zealand on November 7, 1966. He returned to Burnham for two months, but was then posted to Papakura, where he had been until October 11 this year. The summons had been served on September 3 this year. Traffic Sergeant H. J. McMorran said it was thought that when Ede was posted overseas he would be away for two years. DISQUALIFIED DRIVER On a charge of driving while disqualified in Cranford Street on November 3, David Stuart Avent, aged 20, a carpenter, was convicted and fined $2O and his period of disqualification was extended for 12 months. On a further charge of obstructing a traffic officer on the same day, he was convicted and fined $25. He pleaded guilty to both charges. Traffic Sergeant McMorran

said that when Avent was stopped by a traffic officer he denied being a disqualified driver and said he was being taught to drive. Two other youths were in the car. Avent said his name was Don Smith and invited the officer to go with him to 15 Browns Road, where his landlady would verify this. The officer went with him, but the name proved false. FINED $l2O After he pleaded guilty to a charge of driving while disqualified on Marine Parade on October 25, Michael James King, aged 17, a workman, was convicted and fined $l2O and was disqualified for a further 18 months. FINED $BO A third youth who appeared on a charge of driving while disqualified in Rolleston Avenue, Hereford Street and Montreal Street on October 31, was convicted and fined $BO and was disqualified for a further 18 months. Bruce Albert Hopping, aged 17, an unemployed factory hand, pleaded guilty to the charge. On another charge of having no warrant of fitness, to which he also pleaded guilty, he was convicted and ordered to pay costs. CARELESS USE Alan Glyde Baker, aged 19, an apprentice coppersmith (Mr Rudkin), who drove into the rear of a stationary car in Armagh Street on October 17, was convicted and fined $2O, and his licence was cancelled for three months on a charge of careless use of a motorvehicle. He pleaded guilty. On a further charge of failing to supply his name and address, to which he also pleaded guilty, he was convicted and fined $25. (Before Mr K. H. J. Headifen, S.M.) THEFT OF WIRE Kevin Raymond Purtle, aged 19, a truck driver, was fined $lOO on a charge of stealing 26 chain of copper wire, valued at $52.40, the property of the South Canterbury Electric Power Board, at Temuka on August 5. He pleaded guilty. Senior-Sergeant F. G. Mulcare said that after the snowstorm in South Canterbury in November. 1967, the South Canterbury Electric Power Board reclaimed about 180 chain of copper wire brought down in the storm. It was stored on a vacant section at Temuka.

About 6.50 p.m. on August 5 a resident was out jogging when he saw twft men bending over the copper wire. When they realised they had been seen they left hurriedly in a car. The number of the vehicle was taken. Purtle told the police that he dumped the wire he had taken on the side of the road. It was later recovered, said Senior-Sergeant Mulcare. Mr G. R. Lascelles, for the accused, said the theft was not Purtie’s idea. The probation officer believed Purtle was a person worth persevering with. The co-offender had been sentenced to three months imprisonment but he had a much more extensive list of convictions.

‘‘You had second thoughts about the matter and assisted in the recovery of the stolen property,” the Magistrate said. “However, this is the fourth time you have been before the Court on charges involving dishonesty. This offence took place while you were on probation and that is practically asking to be sent to prison. If you appear again on a charge involving dishonesty you are liable to find yourself in prison.” IMPERSONATED AMERICAN A young man who adopted an American accent to get into conversation with a girl and then made up a story of a fight and theft of his money to gain her sympathy, was convicted and ordered to come up for sentence within six months if called on.

Jeffrey Keith Coomer, aged 20, an unemployed carpenter, pleaded guilty to a charge of making a false verbal statement alleging that a theft had occurred.

On November 1 the police were told that an American citizen had been admitted to a hospital in Christchurch after being assaulted and robbed of his passport and wallet, said Senior-Sergeant F. G. Mulcare.

The defendant was interviewed in hospital. He claimed that he was an American citizen and that be had been in New Zealand for about six months.

He said that he had intervened in a fight in the city and had been knocked out and was unconscious for about six hours. When he came to he found that his passport and wallet were missing.

Details of Coomer’s background in America were obtained and inconsistencies were noticed in‘them.

On November 5, after Coomer was discharged from hospital, he was again interviewed by the police. He eventually admitted that he was not an American and that his allegation of a fight and the theft were not true.

Coomer said he met a girl on a train from Invercargill and to get into conversation with her he adopted an American accent, which'he had been practising.

Later he wanted to see the girl again and he had concocted the story of the fight and theft to gain her sympathy. He had not intended the deception to go so far but when an ambulance called at the girl’s flat and took him to hospital he decided to carry on with the story rather than lose face. THREE MONTHS GAOL Appearing for sentence on a charge of driving while disqualified in Invercargill on August 7. Anthony John Keating, aged 21, a forestry worker, was sentenced to three months imprisonment. His period of disqualification was extended for one year.

Keating was appearing for the third time on a charge of driving while disqualified, said the Magistrate. He had been in prison and Borstal and had committed breaches of probation.

MANSLAUGHTER Charged with the manslaughter of Samuel William Hewett, aged two years nine months, on November 1, Tutai Mokotupu, aged 24, a housewife (Mr M. J. Glue), was remanded in custody to November 20 for the taking of depositions. REMANDED TO MELBOURNE Peter James Gardner, aged 19, a canteen assistant, was remanded in police custody to Melbourne on a charge of fraudulently misappropriating $1436.73 belonging to the Australian Services Canteen Organisation board of management. Detective Senior-Sergeant P. J. O’Donovan said that w r hen he apprehended Gardner in Christchurch, Gardner said to him: “I have been expecting you ... I am glad it’s over. I should never have taken the money.” INDECENT ASSAULT On a charge of indecently assaulting a 16-year-old girl between May 1 and August 30, a man whose name was suppressed was convicted and remanded on bail to November 13 for sentence. A schoolteacher suspected something was the matter and told the police, said SeniorSergeant Mulcare. The defendant admitted indecently assaulting the girl and said he had attempted to have intercourse with her. The girl had been a semi-willing party. DISORDERLY BEHAVIOUR Charged with behaving in a disorderly manner in Edgeware Road on October 21, Doreen Frances Paviell, aged 44, a domestic, was convicted and fined $2O. She pleaded guilty. A constable saw the defendant sitting in the doorway of a fruit shop in Edgeware Road, said Sergeant J. D. Shields. He attempted to move her, but she resisted and shouted abuse at him. She was arrested and taken to the police station. She had been drinking but was not drunk. DISCHARGED

A woman, whose name was suppressed, was discharged without conviction under section 42 of the Criminal Justice Act on a charge of stealing two buckets of coal valued at $1.12, the property of M. J. and J. B. Hughes, Ltd, at Lyttelton. She was ordered to pay witness expenses of $2 and make restitution of $1.12. The accused, who pleaded not guilty, was represented by Mr P. F. Tempero. TRAFFIC CASES

In traffic cases brought by the police covictions were entered and fines imposed as follows, with costs $5 in each case:— Failed to stop at compulsory stop sign: Maurice Andre Beaumont, $lO.

Careless use: William Ross, $lO and disqualified for three months. Failed to give way: Kathleen Ruth Don, $l5; Emma Ayers, $2O; Barbara Margaret Clark, $l2. (Before Mr W. F. Brown, S.M.) DOG OWNER TO PAY The owner of a dog which ran into the road and was struck by a taxi was ordered to pay $3B in damages to the taxi owner. The plaintiff was Mr H. E. Price (Mr I. J. D. Hall), a taxi driver, and the defendant was Mr R. S. Challis (Mr J. D. Ray), a company manager.

Giving his reserved decision, the Magistrate said Mr Challis, who had been walking his boxer dog along Condell Avenue at 8.40 p.m. on November 7, 1966,

had been negligent in letting it off the leash.

CHARGE WITHDRAWN A charge against Ronald Balfour Hood, that being master of the Turakina he discharged oil into internal waters, was withdrawn on the application of the Lyttelton Harbour Board (Mr J. R. Milligan). When spillage was first seen in Lyttelton Harbour on July 18 there was considerable evidence that it was discharged by the Turakina and information was subsequently laid, said Mr Milligan. Later the master and chief officer of the vessel made sworn depositions that a leakage of the kind alleged was impossible because of the construction of the ship. Reports by analysts also showed significant differences between the oil found in the harbour and that in the ship. Leave to withdraw the charges was asked because it was impossible to establish the charge to the degree required, said Mr Milligan. MISCELLANEOUS CHARGES In other miscellaneous charges convictions were entered and fines imposed as follows, with costs $5 on all charges: Failed to ensure children’s attendance at school: Trevor Raymond McKenzie. $8 (two charges).

Left refuse in public place; Wayne Bates, $4.

Failed to clear noxious weeds: James Adams, $3.