MAGISTRATE’S COURT Gang member guilty of assault

Press, Volume CXV, Issue 34031, 20 December 1975, Page 16

MAGISTRATE’S COURT Gang member guilty of assault

A member of the Devil’s Henchmen motor-cycle gang was convicted in the Magistrate’s Court yesterday on a charge of assaulting a youth in a New Brighton pool hall on December 9. The assault is said to have led to another group, the Hampshire Street Mob. making a “reprisal raid” on the headquarters of the Henchmen, in Olliviers Road, Linwood, the same day. The youth convicted, Kenneth Arnold Averts, aged 19, who had pleaded not guilty, was remanded in custody to December 23 for sentence. Mr W. F. Brown, S.M., ordered that he be medically examined with a view’ to being sentenced to detention-centre training. A charge of assault against a second defendant, also a member of the Devil’s Henchmen, w r as dismissed. Inspector P. V. Coster said he had been instructed to make general submissions as to penalty. The assault, he said, was the second of four incidents known to the police in a series of escalating incidents involving the Devil’s Henchmen group and a group from the eastern suburbs called the Hampshire Street Mob. The Devil’s Henchmen and another group were involved in an incident last year which had started on a similar level as the one on December 9, Inspector Coster said. In evidence the complainant, aged 16, said that about 12.45 p.m. on December 9 he was in a pool hall in New Brighton. He spoke to another youth there, who told him to leave as fast as he could. .

As he started to go, someone grabbed him and told him he could not leave until “they (the Devil’s Henchmen) did.” He spoke to a youth who was writing out names and addresses. Complainant was told to add his name to the list. Both defendants were in the pool room at the time. The complainant said he was dragged outside and punched about the head until he lost consciousness. He fell to the ground. To counsel for Averis (Mr A. K. Grant), complainant said he was not a member of the Hampshire Mob, although people thought he was. He said he had been checking names on the list, when the paper was snatched from him by Averis, and he was hit once. He felt “boots going into him,” and lost consciousness. He did not see the second defendant strike him. The complainant said he spent a night in hospital with bruising to the knees, ankle, and face. In evidence, Geoffry Boyd, aged 20. said he had been in the pool hall when about 11 members of the Devil’s Henchmen came in. One told him to write out the names and addresses of his friends, which witness did. When the complainant came in, witness told him to go. The complainant was then told to stay in the pool room as the youths “wanted to talk to him.” Witness said the youths left and took the complainant with them. Averis was on one side of the complainant. When witness looked outside, he saw punches being thrown. The complainant was standing against a wall, and then sank to the ground.

Members of the group started ‘laying the boot in” as they walked past. Witness said he saw the second defendant ‘‘boot’’ the eomplainar.Mn the back, but was not certain if Averts was involved in this. ConstaW J. E. Dwver said he tad questioned the second detendant, who had said he had tone to the pool hall with friends but could not remember who they were. The first he knew of anything happening was when he saw a boy lying on the floor. He had been now'here near when this had happened. Witness later questioned Averts, who had said he had signed off work at 10.30 a.m. and gone to The Groynes with a friend. Counsel for the second defendant (Mr R. J. Murtitt) submitted that there was insufficient evidence for a prima facie case. Averis, in evidence, said he had not been involved in the writing down of the names and addresses, although he knew it

was going on. The complainant had arrived about 10 minutes later, although defendant said he did not think he had spoken, to him. Defendant denied putting his hand on the complainant’s shoulder.

Defendant said three groups of youths had left the pool room. He was in the first group, and as far as he knew complainant was at the counter. Defendant denied assaulting him. RECEIVING “I have no doubt whatsoever about the defendant's guilt,” said the Magistrate when convicting Thomas Andrew Lintott, of Kaiapoi. on a charge of receiving goods, valued at $295. Lintott was put on 18 months probation and ordered to pay compensation, yet to be determined.

The defendant had pleaded not guilty to receiving three tape-recorders, a slide projector, and 10 tapes. In evidence the headmaster of the Kaiapoi High School, Thomas Ernest French, said that on August 25 three tape-recorders, a slide projector and 10 tapes were found missing from a locked cupboard in a locked class-room block. Two youths, both under 17, gave evidence for the prosecution. The first youth said that he had burgled the school., with a companion, using keys they had stolen from a teacher. “We put the property in a ditch across the road from the school, but took one taperecorder up to show Tom (the defendanti,” witness said. “Tom told us before the burglary that if we got them, he would sell the gear for us.”

Witness had never received any payment from the defendant, who had said he had too many bills to pay. The second youth said that he and the first youth had discussed the burglary with ‘‘Tom” before it was committed. After ‘‘Tom” had been shown a tape-recorder, they had gone to the ditch in his car and picked up the remaining equipment. (Before Mr N. L. Bradford, S.M.) THREE BURGLARIES Wayne Morton Gibson, aged 19, a storeman, was convicted and sentenced to four months periodic detention, put on probation for 12 months, and ordered to pay compensation of $296 on three charges of burglary and one of unlawful entry. He had pleaded guilty. Counsel (Mr D. M. Palmer) said that the defendant had become involved with a group of “hardened offenders” because of his inability to be served in local hotels. x . The defendant had not been the instigator of the offences, and had played a junior role in all cases. “Only once did the defendant even enter one of the buildings” Mr Palmer said. (Before Mr E. S. J. Crutchley, S.M.) CANNABIS IN UNDERPANTS A man who hid two packets of cannabis in his underpants was convicted on a charge of possessing a narcotic, having pleaded guilty. He is James Ivan Messent, aged 22, a joiner (Mr M. J. Glue), who was fined $l5O. The Magistrate said there was no indication of previous offending of any kind. Sergeant M. L. White said that the defendant was found to have 29.5 g of cannabis in his possession after arriving at Christchurch Airport from Sydnev on Thursd iy. He had said that he had bought the cannabis from an unknown person at a Sydney hotel. It had been for his own use. HIT SUPERVISOR An employee who hit his supervisor on the right eye several times, and broke his spectacles, pleaded guilty to a charge of assaulting Michael Braden Reeves on December 11. He is Leslie John Fry, aged 28, unemployed (Mr S. T. Read), who was convicted and fined $75, and ordered to pay compensation of $3O for the spectacles. Counsel said that the defendant asserted that he had struck the complainant once only, and that he was sorry for his actions. There had been long-term disagreements between them. An argument had arisen over the defendant’s pay and a medical certificate. The defendant had lost his temper and “lashed out.” A girl of 16 riding a motorcvcle who stopped on Ferry Road on November 11 suddenly found she had a youth as a “pillion passenger,” said Sergeant White. The youth took the ignition key, and said he would

not give It back until the took him for a ride. ' The youth, Tauru Guy Martin, aged 18, a workman, pleaded guilty to a charge of unlawfully i interfering with a 1974 Honda ! motor-cycle, valued at S6OO. and was convicted and remanded on bail to December 24 for ■ sentence. i Sergeant White said that the jgirl had finally agreed to take the defendant for a ride. They ’ended up at Aranui. where she was able to grab the ignition key and run into a house. While she was inside, the defendant hid the motor-cycle about five houses away. The police found him in a taxi leaving the area. The girl had been frightened by the incident, Sergeant White said. INCIDENT IN LANE A man of 22, who, when told not to urinate in Press Lane swore at a police sergeant, and punched him on the jaw, was convicted of assault and obscene language and remanded to December 24. He is Terence Eric Tomlinson, a machine setter, who pleaded guilty to both charges. STOLE MILK MONEY One of three youths caught taking milk money from bottles in Linwood yesterday morning was convicted on a charge of theft and put on probation for a year. He is Anthony Eric Poulton. aged 17. unemployed, who pleaded guilty. Sergeant White said that a police dog tracked down the three youths near Linwood Park about 2 a.m. Poulton had $1.36 in small change, taken from bottles. Counsel (Mr M. J. Glue) said that the defendant was starting a job soon. He had come from the country to work In Christchurch. EXCESSIVE ALCOHOL John Barry Viliua. aged 21, a soldier, pleaded guilty to a charge of driving a car with an excessive blood-alcohol concentration (133 mg on September 27. He was convicted and fined $l5O and disqualified from driving for six months. The defendant also pleaded guilty to a second charge of driving without a licence, and was convicted and fined S2O. OFFENSIVE BEHAVIOUR Ronald Desmond French, a painter, who urinated against a tree in Victoria Square on Thursday was convicted and fined S3O after pleading guilty to a charge of offensive behaviour.

SHOPLIFTING On a charge of stealing goods worth $5l from the New Zealand Farmers’ Co-operative Association, Ltd, Cashel Street, on Thursday. Christopher John Shearman, aged 36, an assistant weaver, was convicted and fined $lOO, having pleaded guilty. STOLE PANTIES Joan Starkey, aged 47. a packer (Mr R. F. B. Perry), who pleaded guilty to a charge of stealing four pairs of panties, valued at $3.76, the property of Woolworths (N.Z.), Ltd, Sydenham, was convicted and fined $l5. STOLE FOOD Marese Brown, aged 55, a matron, who stole meat and vegetables, valued at $3.99, from Woolworths (N.Z.), Ltd, Ricca rton, on December 9, pleaded guilty to a charge of theft and was convicted and fined $25. STOLE CLOTHES Sharon Te Aroha King!, aged 21, a housewife, pleaded guilty to a charge of stealing clothes valued at $15.44. the property of Woolworths (N.Z.), Ltd. on December 18, and was convicted and ordered to come up for sentence if called upon in the next six months. STOLE TOOLS A constable who stopped a motorist for driving while disqualified, went to check the warrant of fitness and noticed stolen tools in the glove box, said Sergeant White. The motorist, Colin James O’Leary, aged 18, a fitter’s assistant, pleaded guilty to four charges of stealing tools, and charges of driving while disqualified, having no current warrant of fitness, and procuring a 12 gauge shotgun without a permit. He was convicted and remanded on bail to January 19 for sentence.

O’Leary was stopped in Ensors Road, Waltham, on December 9. Tlie constable became suspicious when he noticed that some of the tools had different names stamped on them, said Sergeant White. Tlie defendant, later admitted having taken them from his place of employment. The tools, valued at $27, belonged to three men and the New Zealand Railways.