No conviction of constable on assault charge

Press, 19 April 1980, Page 3

No conviction of constable on assault charge

PA Dunedin A Dunedin police constable was discharged without conviction after pleading guilty’ in the District Court at Dunedin yesterday to a charge of assault. The charge resulted from an incident a't; Alexandra in January when the constable, Barry’ David Brown, aged 23, struck a youth several times on the face. Inspector J. Matthews told the Court the complainant was one of four youths questioned . by the police over the ownership of a van and taken into custody. The youth became abusive at the police station, and supplied false information and details. Brown struck him several times on the left side of the head while he was being questioned. Minor bruising of the left eyelid resulted from the assault, Inspector Matthews said. Counsel for Brown (Mr J. B. Robertson) submitted that the act had not been one of premeditation, but had been done in a moment when Brown “momentarily lost touch and fell from grace in a minor way.” Mr Robertson submitted that if Brown were convicted on the charge, he would “almost certainly” lose his job. “The consequences of conviction for this man would far outweigh the culpability, of the event,” he said. Mr Robertson also told the Court of actions and statements by the com-

plainant which had annoyed Brown, and which had been unnecessary’. Judge Murray accepted the evidence of Mr Robertson that the attitude of the complainant would have annoyed Brown, and that he had lost patience as a result. “Mr Robertson’s submissions are valid in the case, and I find that the information does not warrant a penalty likely’ to flow from a conviction,” he said. Brown was discharged under section 42 of the Criminal Justice Act on payment of $75 prosecution costs..