Man 'lashed out’ at officers

Press, Volume CXVI, Issue 34099, 11 March 1976, Page 9

Man 'lashed out’ at officers

A motorist who "lashed out wildly" at two traffic officers, suffered a black eye, a bleeding nose and a cut lip, Mr B. A. Palmer, S.M., was told in the Christchurch Magistrate's Court yesterday. Russell Peter Nicolle, aged 21, a hairdresser (Mr P. J. Rutledge), pleaded not guilty to two charges of assault, one charge of refusing to accompany a traffic officer and one charge of refusing to give a blood specimen. Nicolle was convicted and fined 575 on each of the assault charges and on the charge of refusing to accompany a traffic officer he was fined $l5O. He was convicted and discharged on the charge of refusing to give a blood specimen, but disqualified from driving for a year. The Magistrate said he had taken the defendant’s two nights in custody into account, and also his travelling expenses from Wellington, where he lived. “On this night you behaved quite disgracefully, but I accept that it was out of character for you,” he said. “The restraint contributed to these offences to some extent, but law enforcement officers have a difficult enough job without other sorts of problems being created.” Traffic Officer W. L. Nichollas said in evidence that on November 15, 1975, the defendant had been driving without wearing a seat belt.

He was about to stop the defendant when the defendant pulled to the side of the road, to ask street directions. Witness said the defendant’s speech had been slightly slurred, he smelt slightly of alcohol and he had been unsteady on his feet. When Nicolle was informed he would be asked to take a breath test, he ran 50 yards along the ■ road. He was pursued and fell j to the ground. The defendant was arrested and on the way back to the patrol car he became violent. Witness said he had received a number of blows to his body, shoulders and back, from all directions. Nicolle had punched with a closed fist and was kicking with his feet as well. Witness had suffered injuries, mainly to the ribs. The defendant had used foul language and was completely out of control. “He was very’ hostile towards us,” said witness. Nicolle had agreed to have a breath test at the police station. Traffic Officer G. G. Quate said he answered a call for assistance from Traffic Officer Nichollas. The defendant was striking out wildly, so he had proceeded to hit the defendant back. The struggle continued for a few minutes until the defendant was subdued and put in the patrol car.

Witness said the defendant had struck numerous blows. Traffic Officer Nichollas had been struck twice on the way back to the patrol car and several times after that. David William Morton said that he saw a traffic officer chasing the defendant, and he stopped his car to help. The defendant refused to get into the car and became very aggressive. Witness said he called for help on the patrol car radio. The defendant had used bad language. The defendant said in evidence that he had been staying in Christchurch on business. The traffic officer had asked him to get into his car when be stopped to ask street directions. When he was asked to take a breath test, a claustrophobic feeling overcame him and he panicked. He got out of the car and ran about 30 yards before falling on to a metal surface. Nicolle said he was "tackled” by Traffic Officer Nichollas. He said he was "quite delirious,” at the time. He did not know where he was and he had hit the ground very hard. He did not recall a struggle and he did not strike anyone, he said. Nicolle said he was in a “state of shock,” in the patrol car. He admitted getting “a little bit abusive.” He said the man driving had turned around and hit him on the face. The defendant said he did not remember being asked for a blood sample. He had a cut lip, a bleeding nose and a black eye. He said he had been given pills for claustrophobia by a psychiatrist. Mr Rutledge said Traffic Officers Nichollas had described the first! assault as a "wild lashing out.” and Traffic Officer Quate had t ' described it as two blows only. ; Both traffic officers had denied | I "tackling” the defendant. They! [ said he had fallen over. . Mr Morton had said he would i have expected to have heard j something, if an assault had taken place, said Mr Rutledge. i The Magistrate said he accepted Traffic Officer Nichollas’s • evidence as both accurate and j reliable. He did not believe that I the defendant had ever got into » the traffic officer’s car when he was first spoken to. The defenI dant gave an "untruthful t account of rationalism,” referring > to the evening in which the offences occurred. , "My general impression is that the defendant was un-co-opera-i tive throughout his dealings with a the traffic officers. His attitude rapidly changed to aggressive { hostility which found expression □ in physical violence, until he e was finally restrained,” said the v Magistrate. He had refused a s breath test and refused to accompany a traffic officer to the police station, he said.