Magistrate’s Court ACTION BY POLICE “INEXCUSABLE”

Press, Volume CXI, Issue 32661, 17 July 1971, Page 5

Magistrate’s Court ACTION BY POLICE “INEXCUSABLE”

Police officers who shut a handcuffed man in the boot of a patrol car acted inexcusably and without regard to the requirements of humanity, Mr H. J. Evans, S.M., said in a reserved decision given in the Magistrate’s Court yesterday. The Magistrate recorded his disapproval of the police action by declining to' enter a conviction against the man on a charge of resisting a constable and discharging him on this count under section 42 of the Criminal Justice Act.

Before him were Joseph Arthur Reynolds, aged 21, a spray painter, on a charge of assault, and Bruce Andrew Anderson, aged 23, a wireworker, on charges of assault and resisting a constable. Both defendants, who had pleaded not guilty, were represented by Mr M. J. Glue.

On the charges of assault each was convicted and fined $4O.

“The Court cannot affect indifference towards a happening of this kind,” the Magistrate said. “I must say, bluntly and plainly, that in my opinion the police officers who chose to adopt such a means of holding the defendant exceeded the reasonable requirements of security, and disregarded the requirements of humanity.

„ “The boot of a motorcar is a fit place for objects, and sometimes for animals. It is not a fit place for human beings, let alone for one handcuffed as this man was,” the Magistrate said. The Magistrate said that the charges arose from three incidents at Reynolds’s twenty-first birthday party. The disorder at the party amply warranted the entry of police officers.

The first incident occurred almost immediately after their entry into the lounge when a constable was punched in the face by Anderson. The assault on a constable by Reynolds involved the throwing of a beer glass which shattered against the constable’s wrist.

The Magistrate said he found the charge against Anderson of resisting a constable at the time of, and after, arrest amply proved. “He struggled and resisted strongly and violently, and clearly he had to be forcibly restrained,” he said.

“But that does not conclude the matter,” he said. “The method adopted was to use two pairs of handcuffs in conjunction with each other, the wrists being held fast underneath the right (or left) thigh. Immobilised in this way, the defendant was car ried by four or five constables to the police patrol car, and was placed inside the boot, with a vertical height from floor to lid of 18in at the most. The lid was lowered and fastened. “Returning after an absence which one of them put at four or five minutes, but which, in the light of other evidence in the case, I consider may well have been appreciably longer, they moved him from the boot into the back seat of another police patrol car, in which he was then conveyed to the Central Police Station.” In submissions on penalty, Mr Glue said a number of persons had behaved badly. The wholesale throwing of glasses could not be condoned. The defendants had both been punished a great deal already. Reynolds had spent only 30 minutes of his coming-of-age day in freedom, the rest of the time be-

ing spent in the police lockup. Anderson had suffered excruciating agbny and considerable punishment. Not only was he handcuffed, but his trousers were down and his buttocks exposed, Mr Glue said. While in the boot of the patrol car he received superficial bruising. Anderson had a serious alcohol problem and realised something must be done about it.

[Chief Superintendent G. Tait, head of the Christchurch police district, said yesterday that an inquiry would be held into the treatment of Anderson. A commissioned police officer had been instructed to investigate the incident.]

RESISTING CHARGE DISMISSED lan Robert Reid, aged 18, a railway clerk (Miss J. M. Manson), was convicted and fined $lO when he appeared on a charge of using obscene language in a public place. A charge of resisting a constable was dismissed. Reid pleaded guilty to thecharge of using obscene language. Dismissing the charge of resisting, to which the defendant pleaded not guilty, the Magistrate said he was not persuaded that a lawful arrest was made by the constable before the resistance was offered. The constable’s constraint of the defendant might have been premature. Miss Manson submitted that the defendant used the language complained of under stress and provocation after his shirt was ripped. TELEPHONE CALLER FINED A man, whose name was suppressed, was fined $5O and put on probation for 18 months when he appeared for sentence on seven charges of making annoying and indecent telephone calls to a woman. The man, who had pleaded guilty, was represented by Mr J. E. Butler. (Before Mr W. F. Brown, S.M.)

DRUG CHARGES Pleading guilty to a charge of possessing a hypodermic syringe for the injection of narcotics and a charge of possessing 0.1 grams of morphine, Gregory Hector Ansley, aged 22, a journalist (Mr C. B. Atkinson), was convicted and remanded on bail to July 23 for sentence. Sergeant W. J. Nicholl said that on July 8 members of the police drug squad searched a car in Ansley’s possession and found the syringe and morphine. Ansley said that the articles had only recently come into his possession and it was only in the previous week that he had started to use drugs. There was no sign of his being addicted.

FOUGHT POLICE A man who used obscene language in a city hotel, struck the assistant manager, and later fought with an arresting constable pleaded guilty to four charges and was remanded on hail to July 23 for sentence. Sergeant Nicholl said that the defendant, Hary Wharepouori Bert Edmunds, aged 27, a builder’s labourer, was drinking with a woman in the Sandridge Hotel on July 15 when the woman was asked her age. Edmunds used obscene lanuguage, and when the assistant manager, Allan James Foggo, approached, Edmunds hit him. The police were called and arrested Edmunds, who then fought with a constable. On the way to the police station, Edmunds tried to kick the driver of the police car in the head. Edmunds, who pleaded guilty to charges of obscene language, resisting a constable, assaulting a constable, and assaulting Mr Foggo, was convicted and remanded on bail, and the Magistrate directed that he be examined to ascertain his fitness for the Adult Work Centre.

DETENTION Appearing for sentence on a charge of Burglary and one of driving while disqualified, David John McCormick, aged 36, unemployed (Mr M. J. Glue), was sentenced to nine months periodic detention and placed on probation for 21 months, special conditions being that he makes restitution of $lO and takes treatment as directed by the probation officer. He was also disqualified from driving for an extra six months from January 2, 1972. Mr Glue asked for a work centre sentence for McCormick, and said that McCormick would undertake voluntary treatment for his drinking, which was a serious problem.

ASSAULT IN STREET “The Court takes a very serious view of assaults of this kind,” the Magistrate told Kenneth Raymond Edward Hunwick, aged 19, a scrub-cutter, who pleaded guilty to assaulting another youth near Cathedral Square on July 15. Hunwick was convicted and remanded on bail to July 23, and the Magistrate ordered that he be medically examined to ascertain his fitness for the Waikeria Detention Centre.

The. Court was told that Hunwick and a companion accosted two youths walking towards Cathedral Square. Hunwick’s companion pushed him into the other two, and the assault then took place.

THEFT OF COPPER Taylor Hagger, aged 36, a machine operator (Mr M. G. L. Lough nan), pleaded guilty to a charge of stealing copper • cable worth $26.99 from his employer, Associated British Cables, between October 1, 1970, and June 18, 1971, and was convicted and remanded on bail to July 23 for sentence.

The prosecutor said that Hagger sold the cable to a dealer, who recognised it and reported it to the police. Hagger admitted the offence when questioned.

The Magistrate refused an application for suppression of name, and ordered that Hagger be examined to ascertain his fitness for the Adult Work Centre.

DAMAGE TO TELEPHONE Mervyn Arthur Bryant, aged 34, unemployed, was convicted and fined $25 for wilfully damaging a hand-set cord, the property of the Post Office, at Sydenham on July 15. He was also ordered to make restitution of $6.15. Bryant pleaded guilty. Sergeant Nicholl said that the defendant was seen in a telephone booth with a girl with whom he appealed to be arguing. He wrenched the hand-set from her and went into another booth, where another argument took place. The complainant went into the booth and found the handset cord severed. “I didn’t do it on purpose,” said the defendant. “I was having an argument with my fiancee and I wanted to ring up the police because two fellows had assaulted me, but she wouldn’t let me. I don’t do things like that.” CAR TAKEN John Albert Donnelly Gearachawski, aged 26, a sawmill hand, was convicted and remanded to July 23 for sentence on charges of unlawfully taking a car on July 15 and driving while disqualified. He pleaded guilty. ASSAULT Dave Ruki. aged 20, a panel-: beater, appearing for sentence on charges of assault and drunkenness on July 10, was released on probation for one' year and was fined $6O on the charge of assault and convicted and discharged on the charge of drunkenness. A condition of probation is that he takes out a prohibition order. Brian Kakaihi, aged 19, an apprentice plasterer, who appeared on the same charges, was sentenced to a year’s probation and was fined $4O on the assault charge. On the charge of drunkenness he was discharged. He, too, was required to take out a prohibition order.

FALSE PRETENCES John Robert Godley Allpress, aged 20, a bread cendor (Mr M. G. L. Loughnan), was remanded on bail until July 28 for sentence when he pleaded guilty to six charges of false pretences. He pleaded not guilty to a charge of fighting in a public place and was remanded until August 5 on this charge for a fixture. Sergeant Nicholl said that a cheque-book was stolen from a Penrose property during July, 1970. Cash and other articles valued at $555.58 were obtained by Allpress between December 27, 1970, and January 31. 1971. The offences were committed at Penrose and Otahuhu. On January 27 another person admitted writing the cheques and was charged with 15 offences, said Sergeant Nicholl. Allpress admitted that he had obtained a cheque-book from an unknown person and had cashed six cheques. None of the property obtained with the money had been recovered. Sergeant Nicholl said. THEFT OF MEAT

lan Ross Petersen, aged 20, a butcher, was remahded on bail until July 23 for sentence when he pleaded guilty to stealing goods valued at $20.36 from Haywrights between June 1 and July 15. Sergeant Nicholl said that a carton of meat was found in the defendant’s car on July 15. He told the police that he took the meat, four cartons of cigarettes, and three paint brushes because his employer would not pay him 20 minutes overtime which he worked the previous week.

WILFUL DAMAGE A man who painted slogans on walls and windows in Queenstown was released on probation for one year and ordered to pay restitution of $l5 when he appeared for sentence on five charges of wilful damage. He was George Elton Arthur Clifford, aged 22, a labourer. The Magistrate said that Clifford had had a very unhappy upbringing and had spent much time in institutions.

DISCHARGED James Selwyn Skinner, aged 20, unemployed (Mr M. J. Glue), was discharged without conviction when he appeared for sentence on two charges of theft. On a charge of breach of probation he was convicted and discharged. Mr Glue said that a shirt and jersey were borrowed from two men, but Skinner did not know the surnames of the men and could not find them.

RECEIVING Pleading guilty to two charges of receiving, Kevin John Clack, aged 22, unemployed (Mr C. C. H. Knight), was convicted and remanded on bail to July 23 for sentence. The Court was told that Clack and another obtained a cheque for $240 made out and posted to another man. They decided to open a bank account, pay In the cheque and later withdraw the money. This they did and the other person withdrew money and gave some to Clack. Restitution of $ll5 was sought from Clack. DEFERRED SENTENCE Alison Elizabeth McCallum, aged 17, who appeared for sentence on a charge of stealing $l5 from the Shanghai Cafe, was ordered to come up for sentence in the next year if called upon.