SUPREME COURT Man Denies Charges Of Using Obscene Language

Press, Volume CIX, Issue 31983, 9 May 1969, Page 8

SUPREME COURT Man Denies Charges Of Using Obscene Language

Four detectives told a Supreme Court jury yesterday that Maxwell Carlton Carney, aged 44, a welder, bad used bad language in conversation with them.

Carney (Mr A. Hearn) pleaded not guilty to two charges of using obscene language on the telephone on February 25, and one of carrying an offensive weapon (a jemmy bar) in a public place. Mr N. W. Williamson appeared for the Crown, and the trial is before Mr Justice Macartbur. It was adjourned until today, after the completion of evidence. Detective John Patrick Bermingham said in evidence that Carney telephoned the C. 1.8. office at 6.20 p.m. on February 25 and complained in strong terms that the M.E.D. had cut his power Off. Told to curb his language, Carney had replied: “Oh, a smart , eh? A copper right down the line.” The detective Said be told Carney he could do nothing to help him. After listening to more abusive language, he hung up. Carney telephoned again to ask the detective’s name. “That sounds like a stinking Pommy name to me,” was his response. Detective Bermingham said Carnev continued to abuse him, then said: “I'm coming to get you and I'm going to do you for good.” To Mr Hearn, the detective said Carney had asked him to pull a few strings for him to get his power restored. He knew Carney quite well and knew he had quite an extensive criminal record.

Woman Present He agreed that be had heard a lot of swearing in his time. His only concern was that a woman constable was present and heard the first sentence used by Carney. Detective Bermingham said Carney bad telephoned Detective Knowles and Superintendent F. A. Gordon before speaking to him. Detective Alan Edward Harris gave evidence of speaking to Carney while waiting for Detective Bermingham to come to the telephone „the second time. He said Carney had said: “I’ll punch the right in the nose. I’ll get my arm around his neck and choke his breath off. The ambitious mug. I really like these fellows. I gave Brian Murray a black eye and some broken ribs, and I’ll do the same to this . I don’t know the ■, but I’ll punch him right up Hereford Street.” Detective Harris agreed with Mr Hearn that everyone on the police force knew that Carney was a bit of a rough diamond and a hot-head, and that he really did not mean what he was saying. Detective Sergeant Trevor Owen Tozer said in evidence that Carney called at the C. 1.8. office in person the same evening. He said Carney took a small jemmy bar from his hip pocket and said: “Here, give this to Frank Gordon in the morning and tell him that if Bermingham had been here I’d have whipped this thing across his head so fast he wouldn’t have seen it coming.” Sergeant Tozer said Carney also said that if ’ Detective Bermingham intended to persecute him, he would get him first. “If I see him in a hotel I’ll carve him up with a broken bottle,” Carney had said. “I’m even prepared to shoot the . I don’t know the man, but I can find out which he is and I’m prepared to sit outside this place and shoot him as he comes out.”

Sergeant Tozer said Carney also threatened to get “any harlot from a pub” to make false accusations against Detective Bermingham. “That - Bermingham,” Carney had said. “I reckon I’ve set that Gilmore at Lyttelton back 10 years, and I can do the same to Bermingham.” Sergeant Tozer said he pacified Carney, who eventually left in a quieter frame of mind.

Detective Sergeant Douglas Norman Scott said in evidence that Carney telephoned him on March 18 and asked about the summonses be had received relating to the present charges. Carney had said he would not come to Court “You’ll have to come and get me,” he had said, “and this time I’ll have another iron bar in my pocket and I’ll use it too.” Accused’s Evidence Giving evidence on his own behalf, Carney said he had a criminal record extending back to 1942. He denied using the words complained of. He said he did not use any obscene language in talking to the detectives, but he might have used offensive language. Detective Bermingham had told him not to bother the C. 1.8. with his domestic problems, and he, Carney, had told him he was a “rotten Pommy and had no guts.” Carney said he told Detective Bermingham that his conversation was uncalled for and that he would complain to Superintendent Gordon in the morning. He said Detective Bermingham threatened to “get him” on some trumped-up charge by putting something in his car.

He agreed that he was hotheaded, especially when he was threatened. He said he did not lose his temper unless he was provoked. He would not have used obscene words during bis second telephone call because his four grandchildren were standing by the telephone. Carney said he had the jemmy with him when he called at the C. 1.8. because he intended to help a friend remove a bath. “Actually I use them every day of the week,” he added. He thought it wise to leave the jemmy with the police because he was concerned about threats Detective Bermingham had made. To Mr Williamson, Carney said he was not calling the detectives liars, but he had not said half of what they claimed. “They made it all up between them,” he said.