MAGISTRATE’S COURT Farmer Convicted Of Assault And Causing Wilful Damage

Press, Volume CIX, Issue 31926, 1 March 1969, Page 16

MAGISTRATE’S COURT Farmer Convicted Of Assault And Causing Wilful Damage

Allan Bede Holmes, aged' 57, a farmer, was fined $251 on a charge of assault, and I $lO on a charge of wilful damage, in the Magistrate’s! Court yesterday. He appeared before Mr H.! J. Evans, S.M., for reserved! decision and sentence. The charges arose from anj incident on December 28, | which occurred after a taxi, in which Holmes was a pas-| senger, had been stopped by a traffic officer. Evidence was| given on Monday and Wed-1 nesday. The Magistrate said the! question of guilt had to be! decided on the credibility of the witnesses. The implied! obligation of the taxi-driver) to the traffic officer was! countered by the explanation! that the taxi-driver had been! distracted by Holmes when he went through the red light. [The taxi-driver had said that a traffic offence notice originally issued to him had later been reduced to a warning. | The defence suggestion that the breaking of the windscreen wiper was accidental was supported in part by the medical evidence, said the Magistrate. However, the over-all account given by the defendant was unconvincing, as were the details of the physical altercation. The defendant would have said more to the police, at the time, about any alleged assault by the traffic officer.

Mr K. N. Hampton produced medical certificates, ’hat injuries, suffered by Holmes in his early career as a jockey and trotting! driver, had made him unduly sensitive to the effects of alcohol. He had heeded the warnings given, but only a small amount was sufficient to produce serious effects. If crossed in any way, the defendant becomes quite cantankerous and aggressive, said Mr Hampton. The offences would not have occurred if he had not drunk any liquor. "The defendant can be considered fortunate that he failed to qualify for disqualification from driving,” said the Magistrate. Holmes was ordered to payi witnesses’ expenses of $6.50 j and restitution of $6.70 for the windscreen wiper. CHARGES ADMITTED On a charge of assaulting a! constable, .John Rex Scott, aged 27. a freezing worker, was con-i victed and’ fined $2O, and on,| a charge of wilful trespass he was fined $l5. Scott pleaded) guilty to both charges and was l represented by Mr K. H.. Thwaites. At 5.20 p.m. on February 6i Scott to an address in Colombo Street where his wife' was slaying before entering hospital to have a child, said' Detective Sergeant R. G. MeMeeting. Scott had been drink-1 ing and he entered the house] uninvited. He was asked to] leave but refused. The police I were called and Scott was ejected without force. | At 6.25 p.m. the police were speaking to an occupier of the house in a nearby store when Scott’s wife was heard screaming. Scott had entered the ! house again and he was arrested and taken to the police station. He tried to stand up in the car and during a struggle he hit a constable in the eye. Mr Thwaites said Scott had not been at work on the day concerned. He was worried ajaout his wife because of a medical complication she had and he resorted to drinking. When he went to see hi* wife he was told he was in no fit state to take her to hospital. He had since taken out a prohibition order. DROVE UNDER INFLUENCE Peter Richard Harris, aged 28. an engine driver (Mr S. G. Erber) charged with driving in Blenheim Road while under the influence of drink or drugs, was convicted and fined $75 and

[disqualified from driving for I three years. He pleaded guilty, i At 10.45 p.m. on February 20 a traffic officer saw a car drive out of Curlctts Road into Bien- i iheim Road, said Detective Ser- ’ geant McMeeking. The car took i the turn wide and rode up the kerb in Blenheim Road then ; veered across both lanes while 1 travelling at a speed of 20 i miles an hour. Harris was stop- i ped and later certified by a i doctor as unfit to drive. Harris had finished work at I 8 p.m. and had had nothing to < eat all day, said Mr Erber. No I other traffic was interfered i with and Harris’s speed was' | slow. < RECEIVING On charges of receiving a s Post Office Savings Bank pass- < book valued at 10 cents on or ' about November 1, and forging < a withdrawal receipt for $B2 on I February 10, Gary Charles Farr. ■ | aged 22, an unemployed lab- : ourer (Mr K. N. Hampton) was ■ convicted and remanded on bail |to March 10 for sentence. He ' pleaded guilty. I Sergeant F. G. Davidson said the defendant presented a withdrawal receipt at the Hereford Street Post Office for $B2. The teller noted that the signatures did not correspond and notified the supervisor. The defendant at first said he had been forced to go into the post office by a car-load of unknown youths. He later admitted he had received the passbook from an unknown person, land knew that it had been [ stolen. THEFT “This is the last time you lean expect leniency from the ICourt,’’ the Magistrate said I when sentencing Mark Valentine! Watkins, aged 18. a factory! [hand, on a charge of theft. I He was fined $4O, to be paid! !under the direction of the pro-i | bation officer. I The Magistrate, said the defendant had had 10 convictions! iin the last nine months. He I had been fined, placed on pro-! bation and sent to a detention! centre. DISCHARGED [ A woman, whose name was suppressed (Mr A. D. Holland)! was convicted and discharged) when she pleaded guilty to a charge of theft of a saddle valued at $6O on February 7. Mr Holland said the defendant took the saddle from an open shed so that she could lend it to a friend. She became too frightened to return it and sold it for $lB. PROBATION April Frances Boyle, aged 17, unemployed, was released on probation for one year, ordered to pay $25 towards the costs of prosecution and ordered to make restitution of $l5 when she appeared for sentence on a charge of theft of $l5 on February 18. FINED *lOO Johnny Heta Angel), aged 18, , unemployed, was fined $lOO, disqualified from driving for three years and released on probation ’ for one year when he was senI tenced oh charges of unlawfully taking a car and driving while 1 intoxicated. TRAFFIC OFFENCES In police traffic prosecutions convictions were entered and! fines imposed as follows, with: costs of $5 in each case: i Failed to give way to the. right: Raymond James Drink-( water, $25, disqualified for two' months from March 14; Morrell; .Innes Branks, $2O; Colin Lal, ! $2O. disqualified for three! I months. ' Careless use of motor-vehicle: 'Wilfred Lyall Durey. $l2; Ross :M. Broadbent, $2O. disqualified ' for two months; Mary-Ann Harty, $l5; Hector George Scarllett, $2O. ■ Failed to notify change of i ownership: Joseph Alexander ’ Kiesanowski, $6. . Permitted person to ride on ' motor-vehicle in manner liable :to cause injury: Thomas Sey- ’ mour Chomondelcy (two i charges). $lO. costs only. I Rode on motor-car in a man- | ner liable to cause injury to himself: Robert Wayne Musson, : $7. ] (Before Mr E. S. J. Crutchley, J S.M.) HAD SHOTGUN IN CAR Charges against two of three youths who appeared as a result of an incident in which they were found to a shotgun and 25 rounds of ammunition, together with bottled and draught beer, in a car parked Hi Cathedral Square just before midnight on January 24. were dismissed. Terrence Russell Gittings, aged 18, a painter, was charged with being in unlawful possession of a firearm and Gary Wayne Flynn, also aged 18, a farm hand, was charged with wilfully obstructing Barry Graham Thomson, a police officer, in the execution of his duty. Mr P. J. Cordner appeared for both. A third charge, against James Barron Hansen, aged 17, a farm labourer, of obstructing Constable Thomson, was upheld and Hansen was convicted and lined $2O. He was represented by Mr R. F. Powell.

Constable Thomson said he was on duty in Cathedral Square on January 24 and about 11.50 p.m. approached an early model American car to speatc to the driver about his warrant of fitness. As he approached the car ne saw Gittings attempt iu hide something under the front seal.

He shone his torch inside the car and saw a single-barrelled 12 gauge shotgun, Constable Thomson said.

Gittings refused to allow him to inspect the gun and refused to give his name and address. By this stage Flynn and Hansen, who nad been nearby, came forward and encouraged Gittings to withhold his name and address. Flynn, to whom the car belonged, had shut the door when Gittings attempted to get out of the ear.

When Gittings finally got out of the car Hansen stood between him and Gittings, Constable Thomson said. Hansen had then pushed him with both hands at chest height.

Gittings at first denied the gun was his. but later said it was. Constable Thomson said he checked that the gun was not loaded and asked Gittings if there was any ammunition in the car. Gittings had said there was not any. Constable Thomson said.

A patroil car arrived and he put the gun on the back seat of the parked car and went over to the patrol car. Constable Thomson said.

After speaking to the constables in the patrol car he returned to Flynn’s car and again spoke to Gittings. While doing this he saw’ Flynn and Hansen, who by this time were seated in the front of Flynn's car. passing pieces of the shotgun out the window to some of the crowd of about 30 which had gathered. The persons . who accepted the pieces of the gun, the stock and the butt, drove off in another car.

Later an ammunition belt with 25 rounds of 12 gauge shotgun ammunition was found in the car.

Constable Stephen John Gibson said that he arrived in a patrol car and after speaking with Constable Thomson questioned Gittings. He said he also saw the pieces of the gun being passed from the car but said that this had occurred about a minute later.

Under cross - examination Flynn said he had passed the pieces of the gun on because he felt that if they had later drunk the remaining beer in the car “nobody could know what they may have done with a gun in the car.’’ In evidence and under crossexamination, Hansen said that.

he had passed the pieces of the gun on because the persons! to whom he had given them! had been his brother and al brother of Flynn's and they would get home before the defendants

Gittings said he used the shotgun for rabbit shooting and had been out with Flynn and Hansen the evening previously and the gun had been left in the car from then. He had not known about the ammunition because Hansen had bought it on the way into Christchurch from Rolleston before he had met them that night.

The Magistrate said that the discrepancies in the times given by the two constables created some doubt and although the episode was an unsatisfactory one. the sinister nature of the charges against Gittings and Flynn revolved round their attempting to pass the gun on in pieces. This being the ease and there being some doubt as to the actual sequence of the events in passing on the pieces of the gun he could not brifig in a conviction. Hansen’s obstruction of Constable Thomson, however, had the extra facet of physical contact and that changed the balance, the Magistrate said. CHARGE DISMISSED A charge of depositing dangerous litter, bottles, tins and other household refuse in a public place, namely Roberts Road, Hornby, on January 10, against Paul Raynor Grose, aged 19. a workman (Mr W. A. Wilson), was dismissed. Constable Trevor Mickeli said that he interviewed Grose on January 13 about litter and refuse which had been found in Roberts Road and I which included some papers [addressed to Grose’s wife. Grose I admitted dumping little there and had said he had dumped |it on January 10. In evidence Grose said he had [not dumped anything on the (roadside but had thrown it over [the fence into private property, land denied that there had been any glass or tins in the refuse. (Before Mr W. F. Brown, S.M.) 12 CHARGES I Rex Allan Clarkson, aged 17.

(appeared for sentence on three Icharges of unlawfully taking I motor-ears, four charges of burglary, one charge of driving while disqualified. one charge of escaping from custody, one charge of theft, one charge of attempted theft, and one charge of attempted unlawful taking of a motor-car. The Magistrate said th* crimes were pointless. The defendant was easily drawn into undesirable associations and with considerable hesitation h<» would not send him to Borstal. He would be sent to the detention centre to give him one final chance tn life. On the charges of driving wpile disqualified and conversion, .Clarkson was disqualified from driving for 18 months. CHARGES DISMISSED Charges against Gerry Campjez of permitting the use of an unlicensed trailer and using a trailer with no warrant of fitness were dismissed. The offences were alleged to have occurred on October 25. However, the traffic officer who apprehended the defendant, said it was definitely October 26 when he issued the ticket. INCORRECT DETAILS Roger Richard Wilde, aged 26. a farmer, was charged with exceeding 30 miles an hour at 12.5 a.m. on November 10. Evidence was given that the ticket the defendant had been issued with gave the time and date jas 12.5 p.m. on November 9. [ Dismissing the charge, the Magistrate said that no certificate of accuracy for the microwave unit had been presented. There was insufficient proof and a conviction could not be supported. TRAFFIC CASES j In miscellaneous prosecutions brought by the Transport Department, fines were imposed las follows with Court costs of $5 in each case: i Exceeded 30 miles an hour: (Cyril Keith Yeatman, $25. ■ Exceeded temporary speed I limit: Christopher Robin Slattery, $lO (no warrant of fit,lness, $2).