Pipe-wrench attack claim discharge

Press, 12 August 1980, Page 4

Pipe-wrench attack claim discharge

A florist shop proprietor was discharged in the District Court yesterday on a charge of wounding a young workman, with intent to injure him, in a city shopping mall on June 12. Messrs S. E. Boanas. and Mrs J. A. Hendrie, Justices of the Peace,' held that a sufficient case, had not been established arainst the defendant, Alan Keith Donohue, aged. 25. Police had alleged that the defendant struck the workman, Philip Neil Johnson, aged 17, on the face with a heavy-duty pipe wrench.

It was. said to have followed an ’argument over alleged damage to Mr Johnson’s motor-cycle, which was parked in an alcove off a right-of-way at the rear of the Cashfields shopping complex, while Mr Johnson was working for a plumbing and engineering finn,. installing a fire safety system.

The defendant, represented by Dr W. G. G. A. Young, had elected trial by jury on the charge. Evidence of six prosecution witnesses, including Mr Johnson, was heard. Mr Johnson said he had found his motor-cycle moved from the position he had parked it, and. with its fuel tank chipped. A van occupied the space in which he had left his machine. When the defendant got into the van Mr Johnson spoke to him about the damage, and the motorcycle having been moved. . , An argument-developed and the defendant then approached Mr Johnson, punched his face while holding him in a headlock, and then grabbed a pipe wrench which Mr Johnson had been holding for the job he was working on.

He then struck Mr Johnson on the face with the

wrench, according to evidence, and later kicked him in the head. The defendant, in a statement to the police, allegedly said the incident “snowballed” after he had been asked about the damage to the machine, which he denied causing. He denied hitting Mr Johnson with the wrench. He said he had intended going up the stairway, on which Mr Johnson was standing to discuss with the manager of the shopping centre the problem of parking in the area. Mr Johnson had his hand raised as though to hit him, and he then put a headlock on Mr Johnson, the defendant said.

Mr Young submitted that there was no real evidence that the wrench was used. The incident was a scuffle which got out of hand, and both men came out of it equally badly.