Five guilty of rioting

Press, 18 April 1981, Page 4

Five guilty of rioting

In a reserved - decision given'hr the District Court on. Thursday Judge Fraser .con? victed five persons on a joint of taking part in; a riot<■ at. the Mongrel Mob gang headquarters i n Bealey Avenue in January. ... The oral decision took just over an hour to deliver; during it the Judge said a police inspector’s, comment that the incident became one of violent disorder was an apt one.. Eleven persons had origin? ally appeared on the joint charge, and several of these on other related charges, when the case was heard during four days last week; and concluding last Monday morning.. The Judge discharged four defendants at the close of the prosecution case last week, holding there was no evidence against them of active or wilful participation. J' The Judge yesterday dis-

missed the joint charge against a further two defendants, but convicted' the other five. ■ ' ■ ’ ‘

The ; five, cprivicted were Frederick . Walter Bellas (Mr ;C. D. Eason), aged 24, unemployed; Marty Fleming Brandt (Mr T. M. Abbott), aged 21, unemployed; Noel. John Walter Kelly (Mr M. J. Knowles), aged 23, a scrub cutter; George Moanaroa Kidwell (Mr P. B. McMenamin), aged 21, unemployed; 'George Muru (Mr T. Sissons), aged 27, a scrub-cutter. In addition to the joint charge of. taking part in a ;riot by being members of an unlawful assembly which disturbed the peace, Bellas was convicted yesterday on a charge of assaulting Constable M. T. Taylor in the execution, of his dut\ T . Muru- was convicted of. wilful damage of $B7 to a police vehicle. 4 Charges of disorderly be-

haviour against Brandt, Kelly; Kidwell, and Muni, were dismissed, the Judge holding that the circumstances relating to these charges were closely related to the riot charge. Charges against Brandt of reckless driving, and driving at a dangerous speed, were dismissed. The Judge said there was adequate evidence that the car used by gang members had been driven at a dangerous speed when followed by the police patrol to the gang headquarters, and driven recklessly .when a constable had to jump from the car’s path in the driveway of the gang’s headquarters. , .

The Judge said it was likely that Brandt was the driver but he was not satisfied beyond reasonable doubt, on the evidence, that. Brandt was the driver.

The two defendants who had the joint charge dismissed yesterday were.Aarius Stuart Rutledge (Mr R. J. Murfitt), aged 17, unemployed; and Danny Rorirakena Thompson (Mr G. M. Brodie), aged 21, uhemployed. _____

A The- Judge yesterday upJ held submissions . by ' their seeking that- their statements to interviewing ' police be ruled inadmissible as evidence. against them, because of a possible breach of Judges’ rules. The Judge said it seemed there had been a breach of Judges’ rules “in some degree,” and there was no other evidence to support, the riot charge, against Rutledge and Thompson. ■ • The Judge held that there was adequate identification . by pplice officers of the five defendants whom he con-

victed on the riot charge. Z During the defended hearing last week 34 witnesses, mostly police officers, gave evidence. Detective-Sergeant J. A. Ell prosecuted.: ■ The Judge traversed- the evidence yesterday,' recounting the circumstances -in which the riot occurred following a police patrol’s following a , car, which was speeding, to the gang headquarterslate on-January 29, ■, When a constable andsergeant alighted to interviewthe driver the car was driven ' further into, the driveway

and Constable Taylor had to jump clear, and as he did so his baton shattered the car’s windscreen. Bottles and other missiles were then thrown by persons at the headquarters, and weapons were carried. The police patrol and another patrol which arrived soon afterwards were forced to retreat.

The Judge said the defendants’ actions became unlawful when they displayed a common purpose to force the police from the property.

He remanded the five defendants on all charges to April 30 for ' a probation report and sentence, saying he regarded the offences as serious and he needed information on the defendants before sentencing. Each was granted bail of $2OOO in his own recognisance,- with, daily reporting to. the police,. ; . On a separate charge to which he pleaded guilty yesterday of using a Post Office Savings Bank withdrawal form on December 18 to obtain' a pecuniary advantage, Brandt was convicted and remanded to April 30 for sentence.