MAGISTRATE’S COURT Defence Says Police Acted Unlawfully

Press, Volume CIX, Issue 31981, 7 May 1969, Page 10

MAGISTRATE’S COURT Defence Says Police Acted Unlawfully

The defence had not concluded its case in the Magistrate’s Court yesterday when John Sheldon Cradock, aged 28, an unemployed seaman, was remanded until Friday on two charges of assaulting policemen and one of resisting a policeman in the execution of their duty. Cradock, who has pleaded not guilty, is represented by Mr K. N. Hampton. SeniorSergeant F. G. Mulcare is prosecuting. The hearing began on Monday. Opening the defence case, Mr Hampton said that defence witnesses would say they saw batons being used on Cradock. He submitted that the group had been lawfully invited into the house and were not trespassers until they were asked to leave by the person who had invited them. This had not been done, so Constable D. T. Hore, who it was alleged had been assaulted, had not been acting in the execution of his duty. Also Constable A. W. Berry, who it was alleged had been resisted, was not entitled to arrest Cradock without a warrant. The same applied to Sergeant R. G. Cook, who it was alleged had been assaulted. Cradock had used only reasonable force to prevent his unlawful arrest, Mr Hampton said.

Cradock said in evidence that about 8.40 p.m. on March 7 he met John Harrop at the New City Hotel and joined the group with which Mr Harrop was drinking. At closing time he agreed to go to a party. Mr Harrop was aggressive towards Mr Barker at the house in Harman Street, Addington. He (Cradock) told Mr Harrop to leave Mr Barker alone, as he did not want any trouble. He had a friendly conversation with Mr Barker. Constables Hore and Berry came in and asked who had invited them to the house. Cradock said he replied: "Santa Claus.” The constables said the owner had asked them to leave. Cradock said he told them that the owner was not present, and that they had been asked there by Mr Brocket, who rented the Bat.

"I heard an argument going on behind me.” the accused said. "Harrop was Involved and I swung round to stop him starting any lighting. As I swung round I caught Constable Hore with my elbow. When I turned back again I saw that his cap was falling oft. "The next thing I knew I was punched in the face. Everything went small and I got a whack from behind. I struggled and fell face down on the floor and I was handcuffed. I never remembered kicking Constable Hore in the groin. I remember being dragged or moved somewhere and it seemed to me that I was getting banged about a fair bit. I

"I definitely remember a torch or a baton being swung on to my left leg. When I was in the car with my hands handcuffed behind me a constable opened the front door and 1 said: ‘I suppose you feel like men' and he said: ‘Here's a few more to keep your big mouth shut’ and I was punched about tour times. I am not able to identify the constable. ,"1 told the constable that he would hear more about this and he said: ‘Who’ll believe you?’ ” Cradock said. Cradock said that he did not know Sergeant Cook had travelled with him in the patrol car to the Central station. He did not remember the trip to the station. His right shoulder and face were bruised, his lips swollen and his right eye was closed. While in prison he passed blood in his urine. To Senior-Sergeant Mulcare Cradoek said that it was his last night in the city before joining a ship and he was out to have a good time. He denied that he was intoxicated. He did not know that Mr Barker was a tenant of the house because he had not shown him his rent book. He denied that he was responsible for the trouble which had occurred.

FINED 8100 William Ratana, aged 21, an unemployed labourer, and Rang! Maniapoto, aged 21, an unemployed freezing worker, were each convicted and fined 1100 when they pleaded guilty to a joint charge of stealing a wheel assembly valued at 120 on ' May 5. They were placed under the supervision of the probation officer until the fine is paid. Detective Sergeant B. J. Preston said the defendants were seen removing a wheel from a car parked in Opawa Road at 11.30 p.m. on May 5. They drove away in another car before the police arrived. The defendants were found in a car parged in Springfield Road at 11.58 p.m. They admitted taking the wheel because their own tyres were not good enough. "I can’t penalise you for an offence which might become more prevalent, but this was a mean and selfish act,” the Magistrate said; “It is far cheaper to buy a couple of new tyres." ’ FINED 250 FOR ASSAULT When Reginald James Kemp objected to the way a youth was looking at him, he struck him on the nose, said Detective Sergeant Preston. The incident occurred' at. the .Christchurch railway station at 8 p.m. on Monday. Kemp, aged 21, unemployed, was fined 550, of which 525 was ordered to be paid to the complainant. DISRUPTED SPORTS A young man who rode a motor-cycle across three playing fields in Hagley Park at 3.45 p.m. on Saturday interrupting play and scattering spectators, was discharged under section 42, and ordered to pay Court costs of 55. Antony John Scager, aged 20, a student <Mr L. M. O’Reilly), was the subject of numerous complaints to the police, said Detective Sergeant Preston.' “He is the first casualty of Capping Week.” said Mr O’Reilly. "He bitterly regrets his actions and apologises to the Court." DANGEROUS .DOG On a charge of being the owner of a dangerous boxer dog which was not kept under proper control on March 3, Francisco Antonia Banfleld (Mr G. C. P. Beadel) was convicted and fined 820. He pleaded guilty. An order was made that the dog be kept under proper control. , . . Detective Sergeant Preston BROTHERS CONVICTED A youth, who took: a radio from a car outside a dance at the Hororgta Hall, gave it to his brother. In whose car It war found by the Darfield police some months later. 4 Garry LeaMp: Gemmell, aged •18, a musterer. pleaded guilty & S t c rw‘

Gemmell, aged 19. a farmhand, pleaded guilty to receiving the radio from his brother on the same date. Mr D. W. Farnsworth, who represented both defendants, said the oSehces were committed on the spur of the moment, and that ho profit to themselves had been made. Fining both 8100, the Magistrate said it was a miserable and shabby offence. CONDUCTED RAFFLE Police, who called at a Woolston hotel, saw a man with a notebook drawn up to conduct a raffle tor a case of tomatoes, said Sergeant Davidson, when Donald James Grieve, aged 22, unemployed, pleaded guilty to a charge of commencing a lottery on April 3. Grieve, who told the Magistrate he was very sorry and had not realised the seriousness of his action, was fined 820. DROVE UNDER INFLUENCE

A man, whose car had travelled erratically along Richardson Terrace before striking a parked vehicle, about 9.59 p.m. on Anzac Day, pleaded guilty to driving while under the influence of drink or drugs.

William Vivian Melbourne, aged 48, a civil servant, pleaded guilty, and was represented by Mr K. N. Hampton. He was fined 8100 and was disqualified from driving for three years. Albert Leslie Wederell. aged 28, a freezing worker, pleaded guilty to a charge of driving while under the influence of drink or drugs In Seymour Street on April 26. He was represented by Mr M. J. Glue. Wederell’s car struck a Sarked car. causing extensive amage, Detective Sergeant Preston said. He was unsteady on his feet and his speech was slurred. He was lined 8100 and disqualified from driving for three years.

CHARGE DISMISSED A charge against Reginald John Stanley Brice, aged 73. a retired farmer, of driving under the influence of drink or drugs in Lillian Street on April 11 was dismissed. Brice pleaded not guilty and was represented by Mr N. D. Thomson. FINED 830

John Taylor was fined 830 and was ordered to pay medical expenses of 56.30 on a charge of failing to keep a dangerous dog under proper control. He pleaded guilty. Detective Sergeant Preston said that about 5 p.m. on March 25 the complainant was delivering a parcel to the defendant's home in Leinster Road. He handed the parcel to the defendant’s daughter on the front lawn and was attacked by an Alsatian dog which ran out of the house, The dog bit him several times.

Another Alsatian dog came round the side of the house during the attack and barked at the complainant before both dogs were called off. As a result of the attack the complainant suffered Injuries necessitating treatment by a doctor. When interviewed by the police Taylor said that the dog mistakenly thought that the complainant was about to attack the girl as he handed her the parcel, Detective Sergeant Preston said. The Magistrate made an order that the dog be kept under proper control. SUPPRESSED A man, whose name was Suppressed. was convicted and fined 825 on a charge of theft of a carburettor valued at 810 on March 12. He pleaded guilty. TRAFFIC OFFENCES In police traffic prosecutions convictions were entered and fines imposed as follows, with costs of 85 in each case: Careless use of motor vehicle: Kenneth William Fairbrother, 825, disqualified for three months from May 13 (failed to stop after accident, costs only, failed to ascertain if any person Injured, convicted and discharged): T. R. Shepherd 815. Failed to give way when turning: Philip Noel Skilton 810. (Before Mr K. H. J. Headlfen, S.M.) 8446 RESTITUTION

A man, whose name was suppressed. was sentenced to probation for two years, ordered to live and work as directed and to pay restitution of 8446, when he appeared for sentence on a charge that with intent to defraud, he obtained 81000 in cash from an auctioneer. Mr J. N. McFarlane said that the man’s actions had been a desperate endeavour out of concern for his mother. By disposing of her furniture, he hoped to induce her to live near him in Christchurch. “H It hadn’t been tor the fact that your mother has apparently forgiven you, I would send you to prison," the Magistrate said to the. defendant. "You proceeded to pay off personal debts out of this money. TOTAL PENALTY 8773 “You can Consider yourself very lucky. A substantial term of Imprisonment will be imposed for any further offence like this.” the Magistrate said to Ross William McQuinn. who appeared for. sentence on a charge of burgling a grocery store in Ferry Road on March 10. Mr E; T. Higgins said that no excuse could be offered on the accused’s behalf. but the offence was committed before his present term of probation. McQuinn was keen to repay the 8573 proceeds acquired McQuinn- was fined 8200. ordered to make restitution of 85<3. and placed on probation for three years, with the conditions that he live and work where directed, and make no default In payments to the Court. MAXIMUM FINE George Malcolm, aged 29. a fruit picker, was fined the maximum of 8200 when he appeared for sentence on a charge of making a false statement in order to obtain a Social Security benefit on July 8, 1968. "Although there is evidence of a complete lack of responsibility, there is no dishonesty in your record,” the Magistrate said. “In view of this, I will impose only a monetary penalty to give you a chance of repaying the money to your fellow citizens." Malcolm was also placed on probation and ordered to live and work where directed by the probation officer. BURGLARS SENTENCED Karl Hermandez Swartz, aged 28 a gas operator, was sentenced to 18 months imprisonment., and Michael Ambrose Healey, aged 20. unemployed, was sentenced to Borstal training, when they appeared jointly on a charge of burglary of a pharmacy at Takaka on April 21. . “I’ve no doubt you engineered this offence. You've had terms, of Borstal, probation, and Imprisonment, and l was considering sending you to the Supreme Court for sentence.’ the Magistrate said to Swartz. "This was a burglary of 8408 worth of cameras and other attractive Items, purely for personal gain.” TO Healey, the Magistrate said he had had manv opportunities tn reform, bur took an opnnrtunlty for gain when it came a'nng. It was his sevan’h offence while on probation. He obviously needed a period of strict supervision, and Borstal training would provide It. SIX CHARGES : "Ypu have a record of bad behav|our, and have responded poorly to probation.” the Magistrate said to Robert John Lewis,

aged 20, unemployed, who appeared for sentence on three charges- of forgery, one of theft, and one of falling to comply with his terms of probation.

The charges were that on April 9, he stole a Post Office Savings Bank pass book and a sleeping bag, at Wellington: that on the same day He forged a Post Office withdrawal receipt for 885: that on April 11, he forged receipts for 8100 and 830 at Christchurch; and that he had not lived and worked as directed by the probation office at WhangareL On the two charges of theft, and the three of forgery, Lewis was sentenced to periodic detention for six months. He was convicted and discharged for the probation offence, and was ordered to pay restitution of 8181.56.

ASSAULT ON BARMAN Martin Lee Choma. a»ed 18. unemployed (Mr W. A. Wilson), was sentenced to Borstal training for assaulting Rowlev Brian Boru Barnard, heaff barman at the Gresham Tavern, on April

Mr Wilson said that Choma thought a friend was being victimised by Barnard, who was evicting him from the hotel’s alleyway.

“Nothing could possibly be said to Indicate that the Courts have not failed tn their duty to keep vou in the community,” the Magistrate said. “This is vour fourth conviction for assault.”

Hauauru Morgan, seed 17 a foundry worker (Mr W. A. Wilson). was fined 8120 and placed on probation for two years for his part in the same assault. Mr Wilson said the comnlalnant was not in any dancer from the two slight voutha. Off du’v policemen In the area Boon had them calmed down. Morgan was fined 8120, of which 860 was ordered to be paid to the complainant. TRAFFIC CHARGES

In prosecutions h’ouvht bv the City Council Traffic Deoartment Convictions were entered and fines Imposed as follows, with costs 85 on all charros:— Exceeded 30 miles an hour: V. McEwln. 819: h. McGra'h. •18: G. Mitchell, am: R. M. Mitchell. SIR: F. C. mchards, B’sK T. Sheehan. 815: J. R. ••»- "luronko. 810‘ G. J. Smith. 810: K. M Tait, SIR: G. .T. Walter. • 12. and dlsouaUSed Mr one month: P. F withell, 812: B. V. Wonnacott; 810.

Foiled to e*op at stoo aim: T. H. Paterson. 815: S Raroa 820* E. G. Ravmond. 820. a-d ordered to attend three traffic Instruction lectures: J. B. Richards. 820 (no warrant of fitness. W.

Failed to «»oo for school natrol; Dale F’ma Rollarson. 810. and disqualified from driving for nine months (no driver’s licence. 85). Failed to oomniv with traffic tights: G. W. McLachlan. 820: A. C. Russen. 815: .1. B. •chomaa. B’n and disqualified for th’ee months.

Failed to compl” with rn”d marfcjnrs: L. A. Metood. B’s and ordered *o attend three • reffic Instruction lessons; ..? smith. 815. and ordered to attend three traffic Instruction lessons.

Failed to give way to pedestrian at crossing: J. F. 1.. Mor. risen, a” 0 , and disqualified for six months. Insufficient lights: J. H. Myers. 820. Used worn tyres: M. J. McKellar. 825. (Before Mr F. P. Mollneaux, S.M.) DANGEROUS MANNER

A fine of 860 and disoualification from driving was imposed on Wavne John Kiesanowski. aged 16. a labourer, on a charge of driving In a manner that might have been dangerous.

He pleaded guilty. Evidence was given that the defendant had driven round Cathedral Square at 9.25 o.m. on March 9 at an estimated speed of 35 to 40 miles an hour. The car leaned to the left and tvres squealed as the defendant went nast the Godley Plot, when be turned to ro past the Cathedral the car slid for a short distance.

TRAFFIC CASES In other prosecutions brought by the Citv Council Traffic Department convictions were entered and fines Imposed as follows. with costs 85 on all charges:— Drove carelessly: J. D. J. Orlowski. 820 and disqualified from driving for two months: E. S. Sharplin, 815: C. Ashwell (two charges), 850 and disqualified for 12 months: E. F. G. Taylor. 815 (no driver’s licence. 815 and disqualified for three months, no warrant of fitness. to give way to the right: H. W. Marshall. 820: C. E. Forrester, 820 and disqualified for three months; J. E.

Hoskin, ,20 and disqualified for three months.

Failed to comply with traffic lights: J. P. Mora, 120 and disqualified for one month; V. H. s. Barton, 120 and disqualified for one month; E. Hendricks, 115. Exceeded 30 miles an hour: J. Birdsall, *l2; D. 0. Bradley, *32 and disqualified for one month; J. F. Reynolds. 110; P. W. Kersten, *l5 (no driver's licence. ,15 and disqualified for three months); p. J. Anderson, ,10; P. A. Andrew, *25; B. L. Crothall, *l5; B. H. Baynon, ,10; G. J. Blackler, *10; S. 11. Bryenton, ,20; B. Karn, ,10; S. A. Dunbar, ,20; W. Dyksma. ,10: I. M. Foster, ,12; R. J. P. Kelly, ,20; G. Liddell, *lO.

Failed to stop at school patrol sign: E. M. Chamberlain, ,20. Failed to stop at compulsory stop: R. G. Hamilton. *10; M. P. Farrar, *l5.

Failed to comply with road markings: J. R. Clarkson, ,10: B. K. Greenwood, ,10 and attend a course of traffic education lectures.

Proceeded from stop sign when way not clear: D. H. Montgomery, ,20. Failed to keep left: A. Aird, ,15 and disqualified from driving for one month. Failed to stop in distance clear road ahead: K. J. Carey, ,14 and disqualified for three months.

-Insufficient lights: G. J. Cleary, ,6; M. W. Clemens, ,12; G. S. Cruthers, M; G. L. Harney; N. G. Jones, ,12.

Drove wrong way in Cathedral Square: R. E. Chapman.

Overloaded heavy traffic licence: Masonery Services, Ltd, ,10 (overloaded rear axle, ,10>: C. N. Foster. ,8 (overloaded rear axle. ,8). Used worn tyres. B. Booth, ,6: R. J. Colombus, *l2; E. G. Groose, *B. Inefficient service brake: B. L. Halvorsen, (10.