Can-throwing charge fails

Press, 2 April 1980, Page 4

Can-throwing charge fails

A spectator who lobbed two beer cans into the crowd at Lancaster Park at 6 p.m. on New Zealand Day (February 6) in his excitement at. New Zealand’s winning an international cricket match had a charge of disorderly behaviour dismissed in the District Court yesterday. Judge K. W. Frampton dismissed the charge without calling on defence evidenceHe accepted submissions; by the man’s counsel (Mrs P. D. Gibson) that there was no case to answer.. ■■■ ’ She had submitted that in the circumstances ■of the day, and the general behaviour of the crowd, the conduct of the defendant was not such as to raise reasonable apprehension in other spectators’ minds that a breach of the peace was taking place. , The defendant, John Vernon Graham Patchett, aged 20, a bursar, had pleaded not guilty to the change -of behaving in a disorderly manner at Lancaster Park. Sergeant R. H. Prouting prosecuted. When the case opened his Honour commented that this match had given rise to a good deal of litigation. Two police officers gave evidence of seeing the defendant, a spectator on the, embankment, lob two cans into the crowd a few yards ibelow him.

He stooped to pick up two more cans, but Constable .1. M. Pickles then approached him. He told the constable he was overjoyed at the New Zealand team’s success. Constable Pickles said police reinforcements had been called to the park to quell can throwing by spectators. There had been “large areas of disorder relating to alcohol.” Beer cans were being thrown about the embankment area and on to the playing field. Cross-examined, he agreed that at the stage the defend-ant-threw the cans New Zealand had achieved a “rather magnificent recovery,” and there was intense excitement in the crowd. It was the closing stages of the game. The defendant was apologetic about his actions and said he had got carried away ip the excitement, the constable said. After hearing Mrs Gibson’s • submissions his Honour said the incident took place at probably the most exciting stage, and one of the most dramatic finishes, to a cricket match at Lancaster Park. - I No person was seen to be ;hit- by the two cans and evidence did not reveal whether I that was by good luck, aim, !or marksmanship by the idefendant, his Honour said.