Convicted of assault

Press, 20 January 1981, Page 7

Convicted of assault

Although a schoolgirl suffered no harm when her bicycle was stopped and she was assaulted by a Mongrel Mob gang member,, it was obviously an alarming and frightening experience for her, said Judge Fraser in the District Court yesterday. He convicted Howard Dean Taylor, aged 20, a scrub cutter employed •by the gang 1 , on a charge under the Crimes Act of assaulting Vivienne Patrice Thomas, aged 18, a schoolgirl at the time, on October 11. The defendant, who was represented by Mr A. R. Ayers, had denied the charge. He was remanded on bail to February 2 for sentence. Sergeant J. ;E. Dwyer prosecuted.

Miss Thomas gave evidence that while cycling with a friend to the. Canterbury Public Library, and turning from Purchas Street into Barbadoes Street, at 2.20 p.m. on October 11, she saw a group of 10 Mongrel Mob members waiting at a bus stop. As she cycled past, the defendant, who she identified in Court, stepped on to the street and grabbed her bicycle and struck her on her left side.

The defendant laughed as he held her machine, then let her continue on her way. Five days later, when driven in the city in a police car, she pointed out the defendant in Hereford Street. To Mr Ayers, the witness

said that, although she only looked at the defendant a short time, she was close enough and shocked enough that his face registered strongly in her memory. Constable G. C. Stace said that after he had been pointed out by Miss Thomas, the defendant was located in a pool room and informed of the complaint. He told the constable he could remember the girls riding their bicycles but did not go near them. In a statement made to the constable, the defendant allegedly said he was at the gang headquarters when one of the members said he had bought a bus ticket for him. The defendant then ran over to the bus stop. He saw two girls cycling, but did not touch them.

Constable Stace said that when being lodged in the police cells after making the written statement, the defendant twice said he “might have done it,” but could not remember. The defendant gave similar evidence to his statement, and said he saw the two girls about 200 m away as he went to the bus stop. Samuel Frederick Takimoana, a scrub cutter, said he paid for the defendant’s bus ticket and was in the defendant’s company all the way to the bus stop. It was not possible that he could have committed an assault. He did not see any girls on the street. The Judge said he was

quite satisfied that the defendant had been proved to be the person responsible for the assault. Miss Thomas had impressed as an observant and truthful witness. By contrast, the defendant had made contradictory statements about the incident. Remanding the defendant for sentence the Judge said the assault was a relatively serious matter, and the defendant had a bad record. RESISTING ASSAULT

After a domestic dispute with his wife, Leo Alexander Keen, aged 28, took a television set on to the street and when two constables remonstrated with him he threw the set to the roadway. striking a constable and badly damaging the set, the Court was told. The defendant, represented by Mr D. J. Taffs, admitted charges of assaulting Constable D. W. McLean in the execution of his duty, and resisting Constable McLean, on October 3. He was convicted on each charge and remanded on bail to January 26 for sentence. Sergeant Dwyer said that after being told by Constable McLean to put down the television set, he threw it to the roadway and kicked at him, yelling obscenities. The defendant was taken by the arm but hit the constable on the side of his face and lashed out with his feet, until overpowered.