Discharge on claims of assault at Showgrounds

Press, 22 October 1980, Page 4

Discharge on claims of assault at Showgrounds

; .A depositions hearing in ithe District Court yesterday in relation to a stabbing at ithe Addington Showgrounds: jin August last year, came to jan abrupt end with Sergeant W. J. McCormick offering no further evidence after three of the scheduled 11; prosecution witnesses had; been heard. ( The defendant. Neil Robert! Humphries, aged 22, unem-i ployed, was accordingly discharged, on the application! of his counsel (Mr D. C. Fitzgibbon) of the two charges which he faced of causing injury with intent to do grievous bodily harm. The defendant had elected trial by jury on the charges! of injuring James Matewakej Kahu Koti with intent to: cause grievous bodily harm,; and injuring Douglas Jones; with intent to cause grievous bodily harm, in the side-; show area of the Industries! Fair at the Showgrounds ini the earlv hours of August! 20. 1979. Mr C. A. Pilgrim and Mrs'

[J. A. Hendrie. Justices of the Peace, were on the Bench. I On both counts he had (been charged jointly with ■Alan Harwood. The two complainants (were employed in the operjation of the sideshow machlinery which was at the Industries Fair, and evidence (was that Harwood and a ■companion had called at a (caravan where showmen ■ were drinking on the Sunday evening. August 19. They (had left the caravan, accompanied by some showmen, late in the evening, hut when a showman returned and complained of an incident in the sideshow area Mr Koti investigated and; saw Harwood holding a bat-! tery which belonged to a; sideshow device. When Mr Koti approached) Harwood, Harwood struck; him and a struggle ensued;' in. which Mr Koti said he! felt a stinging pain in his! stomach from Harwood. He| rolled away and Harwood's; companion stabbed him in the back. He was later'

treated in hospital for three ■stab wounds — to the stom>' ;ach. side, and back. Mr Koti said he did not see any weapons used. He ‘said Harwood’s companion (had tattoos on both cheeks ((the defendant in court had jno tattoos). I Mr Jones gave evidence of seeing the struggle, in which two men had Mr Koti on the (ground. He called out: "One (to one. not two on to one,’’ and was then hit in the stomach by one of the men; : - He said he could not see the two men very l well. lir . ■Asked by Sergeant McCormick whether the person who hit him was «tri court, Mr Jones said he did not think so. The sergeant; then told .the J.P.s that it was only proper that he offer no further evidence in the case. . - Mr Fitzgibbon asked llhat the defendant be accordingly discharged on both count?, and the J.P.s said they-had no option but to do this. Mr Fitzgibbon did 'not seek costs, . - ;