Three charges dismissed

Press, Volume CXV, Issue 33773, 20 February 1975, Page 5

Three charges dismissed

Charges against three youths of being members of an unlawful assembly were dismissed by Mr H. J. Evans, S.M., in the Magistrate’s Court yesterday.

The youths, Shane Leslie Sinclair, aged 19, Warner Richard Scott, aged 18, and Thomas William Swarbrick, aged 17, pleaded not guilty with seven other defendants to the charge. The others charged are Kenneth Arnold Averis, aged 18, Jillian Anne Crosland, aged 20, Peter Ronald Darrell, aged 18, Robert Bruce Ferris, aged 18, Leah Mary Hamilton, aged 20, Barry Raymond Hayes, aged 28, and Graeme Murray Stone, aged 18. The Magistrate reserved) , his decision on whether al prima facie case had been 'established, against the re-' maining defendants, and adjourned the hearing until February 25. The defendants (Were released on bail. They are represented by (Messrs A. K. Grant, N. S. Bonifant, W. H. McMenamin, P. H. B. Hall, D. J. R. Holderness. K. N. Hampton, R. J. Murfitt and S. T. Read. Messrs Murfitt, Read and Holderness appeared for those defendants whose charges were dismissed. Mr N. W. Williamson appeared for the police. . The hearing . was adjourned, part heard, two I weeks ago, when the Magistrate gave a reserved decision on the admissibility of (some police evidence. He ruled it was not admissible and the charges

against Scott, Swarbrick and Sinclair were dismissed for i want of evidence. The inadmissible evidence , was notes taken by Constable J. Dwyer during al- • leged interviews with the ' defendants after the incident. ' Counsel objected to the

evidence on the grounds that the defendants had already refused to make a statement and that they had not been officially cautioned. Sinclair also appeared for sentence on a charge of assaulting Kevin Charles Ishierwood at New Brighton on November 2. He had previously pleaded not guilty. He was placed on probation for 12 months and ordered to carry out 50 hours community work. Evidence had earlier been given that Sinclair was a member of a group of Devil’s Henchmen motorcyclists who “beat up” Isherwood outside a food bar. They used a baseball bat, and also hit him about the body with crash helmets, fists and boots.