Woman, 81, had to he handcuffed

Press, Volume CXVI, Issue 34119, 3 April 1976, Page 1

Woman, 81, had to he handcuffed

Zealand Press Associations TAURANGA, April 2. Two Tauranga policemen jointly charged with assaulting an 81-year-old woman were acquitted in the Tauranga Magistrate’s Court today.

j Mrs Florence Riley, of Tauranga, brought the charge because of her arrest on December 8, 1975. after a confrontation with two of her I tenants who had been served with eviction notices. Appearing for the defence ! was Mr P. J. Savage, of the! Crown Law Office, Rotorua. Mr J. L. Saunders appeared' for the complainant. In evidence, Mrs Riley said! that an hour and a half after the confrontation with her tenants, a police car with two constables arrived at the flats her son owned. The police w’ere accompanying the two tenants. ‘Surrounded’ They passed her door and she followed them, asking the constables what they! wanted. She was told she had I been abusing the woman tenant and had hit her. ‘‘l was surrounded by the four of them.” Mrs Riley said. “My stick was taken away from me. The man offered to pay another week's rent, but I told him I would not accept it and they were supposed to be out of the flat by midday." She said one constable handcuffed her and refused to give back her stick. “I have no motivation in my legs.” Mrs Riley said. “The two constables frogmarched me— one on either side — around the back of the flats. “They dropped me on the stairs, and 1 was left lying there while the two constables locked up the house , I When they returned they told me I would have to walk up! the stairs — which I have; never been up before — and 1 said they would have to! carry me.

“I was pushed on to the back seat of the car. My pantyhose were ripped. In the police station I refused to make any comment until I had seen my doctor and solicitor. 1 was in great pain because of the way I had been knocked around."

Mrs Riley denied having hit her tenant. During cross-examination Mrs Riley was repeatedly told to calm herself and on one occasion Mr B. S. Barry', S.M., told her she was creating the impression that she

I must have been difficult to ideal with on the day in ques tion.

In evidence one ot the constables said the female tenant had been examined and red marks were found across her thighs and buttocks.

I Asked whether she had hit (the tenant. Mrs Riley had | said: “Aye. and I’ll do it jagain." She had said she was not going to let the tenant into the flat to get her beI longings. | There was no doubt that I Mrs Riley would have hit the tenant again. the constable said. The police tried to reason with her but had to arrest her. “We did not put handcuffs on at this stage, but we took her walking stick because we thought she might trip us up,” he said. “She did not once complain about the way we were handling her. “On the landing she lay down herself, her knees (sagged, and we left her there while we locked the house. Before we lifted her up we put handcuffs on her because she was resisting arrest and we had to get her into the car without hurting her. “Asked why the constables had not left the property to avoid further antagonism and issued a summons for assault, one said they had (gone to the property with the iintention of calming things (down. I The Magistrate, in sumiming up, said the episode J should never have happened, J and would not have if two 'more experienced and older (sergeants had attended the (incident. I “The complainant might lhave taken more notice of ithem,” he said. 1.. . . - *( Couple of kid-’ ; “She probably thought the ■ two young constables were a couple of kids, I “I accept without hesitation that it was practically, [if not totally impossible, to reason with and control the (complainant. They were faced with an explosive situation and an aggressive woman iwho had already admitted ■ assault. “The arrest was a lawful one and there is no evidence of any physical violence. “I dismiss the charges and award the defendants costs of $25 each.” the Magistrate said.