Tunnel men not guilty of wilful trespassing

Press, 2 June 1979, Page 4

Tunnel men not guilty of wilful trespassing

Three employees of the Christchurch-Lyttelton Road Tunnel Authority, who were arrested after police warnings that they were trespassing during picketing of the tunnel at the time of the industrial dispute late in March, had charges of wilful trespass dismissed yesterday by Mr N. L. Bradford, S.M.

In a reserved decision given after the hearing of the case on May 28, the Magistrate held that the defendants had become trespassers by virtue of their remaining in the headquarters building after being directed to leave, but that their actions were not wilful. He said the defendants had satisfied him as to their bona fide belief that they had authority to be in the building because of their contractual licence to work there.

The defendants were Alan Gardner, aged 58, a tunnel supervisor, George Alan McDonald, aged 53, a tunnel officer, and Raymond lan McDonald, aged 47, a tunnel officer.

All three, who were represented by Mr A. K. Grant, had pleaded not guilty to charges that on March 29 they wilfully trespassed on the road tunnel premises and refused to leave after being warned to do so by the lawful occupants. Sergeant M. P. Caldwell prosecuted. Evidence had been given that the Minister of Works and Development had instructed that the tunnel, which was being picketed and closed to the public, should be opened. Acting on this, the authorchairman (Mr V. G. Spiller) and senior police

officers went to the building. The defendants were asked several times to leave the building, but declined to, and were arrested. The defence case was that the three men had been rostered for duty that evening; and carrying out the request of the general manager (Mr L. E. Olliver) that in spite of any industrial dispute staff on rostered duty should continue to man the control room and monitor the tunnel properly. The industrial dispute had arisen over the question of redundancy pay for tunnel staff before the authority went out of existence on March 31.

In his decision the Magistrate said he accepted that Inspector M. K. J. Tarling told the defendants that the Army was to take over the running of the tunnel, but also that in the “tense nature of the situation” that the defendants did not hear this.

The Magistrate said the defendants had satisfied him they believed they were entitled to be on the premises because they were rostered for duty, and because of the agreement between the authority and staff that in times of industrial disputes the tunnel emergency services should continue to be monitored. After dismissing the charges the Magistrate commended the defendants for their attitude towards maintaining the tunnel emergency services. He said he would have commended them for this whether they had been found guilty or not guilty.