MAGISTRATE’S COURT Man Fined $30 For Assaulting 15-Year-Old Boy On Ship

Press, Volume CX, Issue 32324, 16 June 1970, Page 10

MAGISTRATE’S COURT Man Fined $30 For Assaulting 15-Year-Old Boy On Ship

John Baiteary, aged 45. a salesman, was fined $3O in the Christchurch Magistrate's Court yesterday when he appeared on a charge of assaulting Bryan Leslie Tyro, aged 15, at Lyttelton on April 18. He pleaded not guilty and was represented by Mr G. S. Brockett. The hearing was before Mr H. J. Evans, S.M. Sergeant W. Morrissey prosecuted. Noel Chambers, a medical practitioner, of Lyttelton, said that he had examined the complainant Tyro on April 19 and found that he had two scars on his right cheek, one an inch long and the other three-quarters of an inch. Tyro also had scratches on the right upper cheek and bruises on the neck. The cuts looked as if they had been made by fingernails. Tyro said that his father and the defendant both sold woollen goods and sheepskin rugs at Lyttelton on the wharves. There was bad feeling between the two and the witness had been told not to speak to Baiteary. . The witness said that while selling sheepskin rugs for his father on April 18 he had obtained permission to go on board the Japanese freighter, Nagaoson Maru. He set up a display of goods and later Baiteary arrived and did the same.

However, Baiteary had shown the Japanese sailors a card with the range of his goods printed on it in Japanese and had spoken a few words in the language.

“I told him that he had it over us in Japanese ships," , the witness said. , “He then said: ‘You know : the reputation I have on Eng- ] lish ships.' I replied: ‘Yes, I , can imagine it!’ At that he picked me up by the scruff of the neck and pushed me down on to the seat. Later he did it again," the witness said. In defence Baiteary said that the complainant had been very abusive. He had become annoyed with the boy and gave him a “bit of a shake.” The boy had fallen forward and cut his face on some sharp pieces of wood on the floor. (Before Mr E. S. J. Crutchley. S.M.) JURY TRIAL ELECTED John Wilson Richards, aged 30. a driver (Mr A. D. Hol-i land), elected trial by jury and was remanded on bail to; June 29 for the taking of de-| positions on two charges involving a cheque for $40,000. Richards was charged that, : a servant of Australasian ’Secured Deposits, Ltd. he stole ja cheque drawn on the Bank iof New Zealand and made payable to Byrne and Company for jthe sum of $40,000, signed J. H. I Blackmore and J. W. Richards, I the property of his employer: and that on or about April 30 without colour of right he drew a cheque on the account of i Australasian .Secured Deposits, ‘Ltd, made payable to Byrne [and Company and signed J. H. Blackmore and J. W. Richards for the sum of $40,000. The charge on which Richards originally appeared, that having received $40,000 from’ J.J. Construction Company and others he fraudulently applied the money and thereby committed theft, was withdrawn at I the request of Mr R. L. Kerr, jwho appeared for the police, i When Mr Kerr asked for a ] remand to July 1 Mr Holland said he wanted an earlier date. I He said Richards had been [arrested 10 days ago “and the ;City of Christchurch has been full of rumours since." i He said it was obvious Richards had been arrested on inisufficient evidence as the original information had been withdrawn and the two charges since laid bore no relation to the first. Mr Holland said he wanted the depositions to be taken earlier and he wanted them to be taken before a Magistrate and not Justices of the Peace. After conferring with court staff the Magistrate said Friday was available. Mr Kerr said this was too soon for the police. He said the evidence was available but because of the complexity of the case more time would be needed to 1 prepare it for a court hearing. REMANDED IN CUSTODY Appearing on eight charges including one of assault, two of threatening to kill and five in connection with possessing a rifle. George John Bryenton, arged 28, a drainlayer, was remanded in custody to June 22. Mr R. L. Kerr asked for bail on Bryentons behalf but the Magistrate said that on at least three of the charges bail should be refused in the meantime. Mr Kerr said the whole series of offences appeared to have arisen from the one incident as a result of Bryenton consuming a great amount of liquor. The rifle was now in the possession of the police. Bryenton was charged with assaulting Barbara’ Ann McGregor on June 13, presenting a rifle to Thomas Marton Kearney and others, threatening to kill Thomas Marton Kearney and Geoffrey Wayne White, operating a car on Moorhouse Avenue carrying a loaded rifle, possessing a rifle except for a lawful or proper purpose, having a rifle without a permit and not being ’ the registered owner. No plea was taken. $lOO FINE Wayne Albert Walker, aged 17. a freight loader, was convicted and fined $lOO and ordered to pay restitution of $lO when he pleaded guilty to a charge of wilful damage to a glass window pane, the property of David Farrant. Sergeant V. F. Townshend said that, the police were called

to a Shirley address at 8.30 p.m. on Sunday because a bottle had been thrown through a window. When Walker was interviewed 10 minutes after the incident he admitted throwing the bottle. He said that he had had an argument with his mother, had gone to a friend s place, then gone outside and thrown a bottle through the neighbour’s window. There was considerable danger in this sort of conduct as someone might have been in the room, and Walker would have to be shown how seriously society viewed offences of this nature, said the Magistrate. FINED $125 "This will be some encouragement not to interfere with the police in future." said the Magistrate when fining Rodger Wayne Robertson, aged 17, a [ spot welder, $lOO on a charge of resisting a constable. He was fined $25 on a charge of using obscene language. He pleaded ' guilty to both charges. The pqlice were called to a 1 disturbance in Alexandra Street . at 11.30 p.m. on June 13 and 1 when one of a group of youths ‘ was arrested Robertson at- 1 tempted to go to his rescue, 1 said Sergeant Townshend. He also used obscene language. He was arrested and had to be i forcibly restrained. CHARGE ADMITTED 1 "I will treat this as an ord- 1 inary case of trespassing,’’ 1 said the Magistrate when imposing a fine of $l5 on Thomas Victor McKay, aged 18 a work- 1 man, on a charge of being 1 found without lawful excuse in ■ the grounds of the Kingslea Girls' Training Centre, Bur- • wood. McKay pleaded guilty. Sergeant Townshend said that on the night of April 14 McKay and four of his friends parked their car in Burwood Park at . the rear of the groundsman's premises. They climbed over a fence into the grounds of the girls' home and played around for a while before climbing back. McKay told the Court that he had not known they were in the grounds of a girls’ home. CHARGE ADJOURNED A charge against Barry Neil Wilkins, aged 21. of being the owner of a dog which rushed at Brian Graeme Lawson in Baynes Street, injuring him, was adjourned to June 22 for further inquiries to be made. Wilkins pleaded guilty to the charge. Sergeant Townshend said the complainant, a seven-year-old boy, was cycling along the road on April 25 when the dog. a two-year-old Australian terrier cross, rushed out and bit him on the right calf, causing abrasions and bruising. The defendant said he knew the dog had been chasing people on bicycles. Wilkins told the Court he disputed saying the dog chased people on bicycles, but it had chased cars. The dog had been chasing children round the house on the day of the offence, and was probably over-excited. It was normally kept tied up. REMANDED John McKinnon Donnelly, aged 17. a clicker (Mr R. L. Kerr), pleaded not guilty to a charge of escaping from the custody of Daniel Ralph Batchelor, and not [guilty to a charge of assaulting Constable Richard Henry Pettet in the execution of duty. Both offences were alleged to have been committed on Saturday. Donnelly was remanded on bail to June 14. FOUND DRUNK Trevor Horace Timmo, aged 50. a dustman, who pleaded guilty to a charge of being found drunk in St Asaph Street ' on June 12, was fined $5. He admitted three previous convictions for drunkenness within the last six months. (Before Mr H. J. Evans, S.M.) DROVE UNDER INFLUENCE Paul Raynor Grosse was fined $lOO and disqualified for two , years when he appeared on a charge of driving under the influence of liquor in Riccarton Road. He pleaded not guilty and was represented by Mr P. C. M. Straubel. (Before Mr W. F. Brown, S.M.) TWO CHARGES Michael. James Wilson, aged 19, an apprentice tool and die maker (Mr D. H. P. Dawson). > pleaded guilty to a charge of i failing to keep to the left, and guilty to a charge of driving with an excessive blood alcohol concentration. On the blood alcohol charge i he was convicted and fined $4O, i disqualified for six months, and ' ordered to pay $10.50 medical expenses. On the charge of 1 failing to keep left he was con--1 victed and.ordered to pay Court ' costs only. ’ Traffic officer B. Wood said : that on May, 3 at 4.35 a.m. he • noticed Wilson’s car proceeding • south along Colombo Street with no rear lights showing. ■ Twice as he drew alongside it • the vehicle crossed the centre line, forcing him to take evasive action. When he sounded his ’ siren and turned on his flash- ' ing red light, Wilson stopped his car near Dundas Street. A j blood test later revealed 115 f milligrams of alcohol per 100 i millilitres of blood. i Mr Dawson said that Wilson , had been to a social but had - stopped drinking about 1.30 . a.m., and thought he was fit to I drive. Wilson denied crossing » the centre line twice. He t crossed the centre line once, I because he thought the car - about to overtake him was a taxi, the driver of which he had j earlier argued with and been j threatened with an iron bar. j He had co-operatcd fully when ' he realised the vehicle was a » traffic car, said Mr Dawson. 1 TRAFFIC OFFENCES In traffic charges brought by J the Ministry of Transport, conr victions were entered and fines ’ imposed as follows, with Court costs $5 in each case: • Exceeded 30 m.p.h.: Dunlop ‘ Hayes Caldwell. $10; Michael - John Noonan, $10: John Stanley ' Stewart. $lO. Colin Arthur Campbell. $l5; William Stuart 1 Busch, $l5; lan Wallace Fisher, $2O; Ronald Wayne Alexander, , $10: Esther Margaret Huria, $10: Brian Paul Salt, $2O: Patrick Albert Whalan, $l2; Grant Ronald Wilkinson, $8; Patrick Joseph Neale, $lO.

Failed to give way at give way sign: George Hagenaar, $l5; Alison Louise Hooker, $25: Alan Geoffrey Hunt, $2O, disqualified for two months; Peter Forrester Childs. $l2. Failed to comply with traffic lights: Keith Griffiths Robinson. $2O, disqualified for one month from June 17. Failed to stop at stop sign: Charles Eric Wasley, $l5. Failed to give way to right: Sonia Nikita Charnishoff. $2O, disqualified for two months. No ‘L’ sign disolayed: Timothy Lance Arthur, $8: Malcolm Bruce Falconer, $8 (insecure load. $2O). Less than l/16in tread on tyre: Robert Johnson Ross, $6: Michael Wallace Shepherd, $5; Ronald Harry Vette, $4. Used unlicensed vehicle: Ronald Goslin. $6. Careless driving: Lindsay Michael White. $2O (no w.0.f., $5): Edgar Mahan, $3O, disqualified for three months. Obstructed a traffic officer: Bernard Frederick Price, $2O (no driver’s licence, $lO, disqualified for three months). No driver’s licence: Brent Reg Birchfield, $5, disqualified from driving for three months; Dennis Ray Taaffe, $B. (Before Mr P. L. Molineaux. S.M.) PERIODIC DETENTION Melville Charles Smith, aged 21, a moulder (Mr M. J. Glue), was sentenced to periodic detention for six months on a charge of burglary of the prem-

ises of Waimairi Cycles on May 22. He had previously been convicted and remanded for medical reports. FOUR MONTHS DETENTION Robert Thomas Webster, aged 25, was sentenced to periodic detention for four months when he appeared for sentence on a charge of habitually consorting with reputed thieves between January 14 and April 13. The defendant had previously been convicted and remanded for medical examination after pleading not guilty. He was represented by Mr R. F. B. Perry. (Before Mr K. H. J. Headifen. S.M.)

DROVE WHILE DISQUALIFIED Kim Stuart Stevens, aged 21, a sales officer ,(Mr M. P. Boyce), was further remanded on bail to June 22 for sentence when he appeared an a charge of driving while disqualified on May 9. He had previously been convicted. The Magistrate directed that the defendant undergo medical examinations for the purpose of periodic detention during the period of remand. TRAFFIC OFFENCES In other traffic prosecutions brought by the Ministry of Transport convictions were entered and fines imposed as follows, with costs of $5 in each case:—Exceeded 30 miles an hour: Dennis John Alsop. $3O (exceeded 40 miles an hour. $15); Graeme Murray Hamilton, $3O; James Eric Orchard. $25; Leslie Deanne Emms. $10: Michael Joseph McCherry. $lO. Bruce Rodney Clarke, $1(1 (failed to produce licence, $4); Deborah Noreen Holder, $2O (failed to display L sign. $10); Hans Jurgen Waihel, $10; Bevan Phillip Batchelor, $l2: Elizabeth Noel Chambers, $10; Patrick Glen Guthrev, $25 (failed to produce licence, $5); Bevan Leonard Hanser, $l2; Louise Percy Hopkins, $10; Grant Charles Hutchings, $l5: Lester Bruce Jennings, $l2: Gillian Elizabeth Kemp, $l5; Julie Dorothy Macfarlane, $l2: John Davis May, $l2 (wrong

class of driver’s licence, 15); Wayne Lanseley Robert Prisk, $10: Robert Mace Purdue, $l2; Allan Charles Steckman, $lO <no safety helmet, $5): George Raina Waaka, $10; Kevin James Yearbury. $lO. Failed to stop at sign: Elizabeth Vander Klei, $lO (no driver’s licence, $4); Garry James Marsh, $8: Peter Lewis Aldridge, $10; Kathleen Barbara Bennetts, $10; Russell Arthur Colwell, $5: Neil Clarke Gregory. $B. Joan Lee Hamilton, $8; Nona Bell Hargrave, $8: Pauline Jessie Wiseman. $8 (no driver’s licence, $lO, disqualified for three months); Lynette Shelly Young, $l5. Failed to comply with traffic lights: Nicholas Christopher Leonard, $l5, disqualified for one month; David Archibald MacDonald. $l5. disqualified for one month: Garner Douglas Teale, $l5. disqualified for two months (failed to produce licence, $8). Failed to give way: Ronald Douglas McKenzie Wright, $l5: Cameron Tai Kennedy, $l5 (failed to stop after accident, $3O, disqualified for six months); Thomas Harris Hooper, $2O; Victor Tewiki Kiwi Kiwi, $2O. Insufficient lights/Alan Bruce Faith, $5; Janita Agnes Gorman, $8: Michael John Reeves, $5: Phillip Delaney Robinson. $lO (failed to produce licence, $8). Failed to comply with road markings: Allan Edward Barnes, $10; Jocelyn Valarie Hill. $lO, disqualified for three months. Failed to comply with pedestrian crossing: Anthony Keeblc Banker. $25. Drove without reasonable consideration; Murray James Hannan, $2O. disqualified for three months. Insufficient tyre tread: John Malcolm Overton, $lO (insufficient lights, $10). Dangerous speed: Robert Leonard Cresswell, $3O, disqualii tied for one year. Unable to stop within distance ahead: Margaret Jean Coe, $lO. Careless driving: Joseph George King. $l2. Failed to supply information: Maureen Fay Ellis, costs only.