House ‘havoc’ charges dismissed

Press, 22 July 1980, Page 5

House ‘havoc’ charges dismissed

Although “destructive havoc” had been wrought on a house and some occupants by a group of gate-crashers. Judge Palmer said in the District Court yesterday that he could not convict Phillip Ross Green on speculative evidence. The -Judge dismissed charges against Green, aged 17, a sawmill hand, of un-l lawful assembly, and of! being unlawfully in a house! in Clare Road, St Albans, on May 25. The defendant, who was represented by Mr P. M.l James, denied the charges. Sergeant W. J. McCormick prosecuted. Evidence had been that windows and mirrors in the house had been broken, and persons assaulted, by members of a group which had returned with weapons after having been asked earlier to leave the party which they had gate-crashed. Most prosecution witnesses were unable to identify the defendant as having been in the house, and the defendant when questioned by a constable, had denied being there. The Judge, upholding Mr James’s submissions that the charge - should be dismissed, said he was satisfied that three witnesses, who were co-offenders in the incident, had been untruthful in their evidence, which had been favourable to the defendant. He said one accomplice, now serving a jail sentence for his part in the incident, had winked at the defendant while giving evidence, and appeared to have deliberately selected parts of what had happened, which ex- ■ eluded the defendant from incriminations. A brother of this witness had also evasively avoided giving evidence which might have incriminated the defendant, and had appeared “highly-embarrassed and puce-faced” when leaving the witness box. The third accomplice was equally. untruthful, and favourable towards the defendant. The Judge said the occupant of the house had given evidence of seeing the defendant at the party initially, but had identified the defendant from a photograph shown to him. It would be speculative to hold that , the defendant was still in the party when it returned and performed destructive havoc in the house, the Judge said. CAR-PARK INCIDENT Two men were convicted of offences which followed their being asked to leave the Yaldhurst Hotel because of their untidy dress. The defendants were Carl Mathew Tiney, aged 21, a glass worker,' and Anthony Sidney Frederick Wood, aged 20, a poultryman. Both were convicted on a charge of behaving in a threatening manner in the Yaldhurst Hotel car-park on January 18. Wood was also convicted on a charge of having an offensive weapon, a baseball bat, in his possession without lawful authority or rea-

sonable excuse, In the carpark. Tiney was also convicted on a charge of driving at a dangerous speed in the carpark, but a charge of having an offensive weapon, a baseball bat, was dismissed. They were remanded on I bail to July 28 on the 'charges on which they were convicted. Sergeant McCormick prosecuted. Both defendants denied all (charges. Wood was repreI sented by Mr M. J. Knowles. Tiney was not represented. Evidence in the case was heard last Friday. (Before Judge Frampton) BURGLARY CHARGE Damien John Severs, aged 18, a labourer, was remanded to July 28 on a charge of burgling a chemist’s shop in Normans Road yesterday. Severs was also charged with the possession of instruments capable of being used to commit burglary. Both alleged offences were said to have occurred early i yesterday. ; No pleas were entered by the defendant who was (granted bail of 81500 and (ordered to report twice a week to the police. Bail was opposed by the police. DEPOSITIONS A youth charged tvith being a member of an unlawful assembly was remanded on bail to August 28 for the taking of depositions. No plea was entered by Peter .Waira Tainui, aged 17, who, it is alleged, was a member of an unlawful assembly of which the common purpose was the intention of attacking the occupants and property at 262 Colombo I Street. CHARGE DENIED A charge of stealing a motor-cycle, valued at $2750, was denied bv a youth, aged 17. Shane Anthony Jones, unemployed, is charged with stealing the 1980 motorcycle, the property of Edward George. Rereti, on July 9. He was remanded to August 26 for a defended hear- 1 ingINJURY CHARGE Henare Matenga, aged 30, unemployed, was. remanded in custody on one charge of assault with intent to injure and another of failing to give particulars of his identification. Matenga is alleged to have assaulted Leilani Gloria Morgan, and to have refused to give identification particulars to the police while in custody on the assault charge. Bail was opposed by Sergeant J. J. Chadderton. The alleged offences were said to have taken place on July 19. No pleas were entered by the defendant. REMANDED Rikihane Peter Tarawa, aged 20, unemployed, was remanded on bail of $BOO to July 28 on a charge of being a rogue and a vagabond. It is alleged that Tarawa, being a reputed thief, frequented Caledonian ' Road land Cranford Street with ■ felonious intent yesterday. I No plea was entered.