Prisoner’s Face Bloody

Press, Volume CIX, Issue 31907, 7 February 1969, Page 20

Prisoner’s Face Bloody

(N.Z. Press Association) AUCKLAND, Feb. 6. A prisoner taken from a police van outside the gates of Mount Eden Prison on July 21, 1967, seemed to be dazed and frightened, his face was covered with blood, and his hands were handcuffed, a witness said at the hearing of private information in the Auckland Magistrate’s Court today.

The hearing concerns an alleged assault of a prison inmate by a prison officer.

The inmate, Peter Fulcher, claims that while travelling between Waikeria Prison and Auckland Prison on that date, the officer, Mr M. Malcombe, assaulted him.

Mr H. M. Romaniuk appears for Mr Fulcher and Mr P. B. Temm for Malcombe. The hearing was held before the deputy registrar, Mr E. J. Gould.

In evidence, Kevin Ryan, a barrister and solicitor, said that during July, 1967, he had visited the prison to see a prisoner who was awaiting trial. He left his car parked, as he always did, near the main gate. Mr Ryan said that as he was about to get into his car he saw a prison van pull up near the main gates and noticed that Mr Fulcher, a person for whom he had pre-

viously acted and from whom he had received a letter several days beforehand, was inside.

“Being curious as to why he was in the van, I watched more closely and saw that his head and face were covered with blood,” Mr Ryan said. “I then went over to the van. Mr Fulcher was taken out and I noticed he was handcuffed. His eyes were glistening and watering.

“He seemed in a dazed and almost frightened condition. One of the prison officers stood in front of me and told me he would not let me talk to Mr Fulcher because he was a prisoner,” Mr Ryan said.

Mr Ryan said he had acted for the man and that all he wanted to do was to find out how he came by the injuries. Mr Fulcher called out someth'ng to him but was restrained, said Mr Ryan. He went looking for the prison superintendent, Mr E. G. Buckley, but nobody could find him. A prison officer, Mr G. P. Mac Lean, told Mr Ryan that he could speak to Mr Fulcher after the latter had been through the receiving office. Mr Ryan said a prison officer told him Mr Fulcher had attacked some prison officers in Waikeria. “I asked him how Mr Fulcher had got the wounds on the head.”

The officer replied that that had happened at Waikeria. “I pointed out that the wound was fresh and bleeding and that it was obviously recent,” said Mr Ryan. “He said Mr Fulcher had struggled in the van, but I pointed out that his hands were handcuffed behind his back.” Mr Ryan said another prison officer was standing nearby, but he did not know this officer’s name. Later in the afternoon, when he returned to the prison to see Mr Fulcher, Mr Ryan said Mr Fulcher was in solitary confinement, having been sentenced by a visiting magistrate.

The case will continue tomorrow before Mr J. R. Drummond, S.M.