Westland feud jail terms upheld

Press, 30 April 1981, Page 10

Westland feud jail terms upheld

A feud between the residents of the South Westland townships of Whataroa and Franz Josef resulted in a man left lying on a bar-room floor, battered, bruised and bleeding and with a broken nose, Mr Justice Cook was told in the High Court yesterday.

As a result of the “vicious and cowardly attack” on the man three brothers were sentenced to various terms of imprisonment by Mr Justices McAloon in the Whataroa District Court on February 25. 1981. Yesterday two of the brothers, Allan Leslie Russell, aged 20, and Brett Michael Russell, aged 18, sawmill hands, of Franz Josef, had their appeals against sentence dismissed by his Honour. Mr D. C. Fitzgibbon appeared for the two Russell brothers, and Mr D. J. L. Saunders appeared for the Crown.

Allan Russell was jailed for six months — four months on a charge of assault and two months on a charge of breach of probation when he failed to report and went to Australia.

Brett Russell was jailed for four months for assault. The third brother. Scott David Russell, aged 24, was

jailed for 10 months — five months for assault and five months on three charges of driving while disqualified. Mr Fitzgibbon said that Scott Russell considered himself most culpable and did not appeal.

The three brothers defended the charge of assaulting Thomas Edward Nolan on December 5, 1980, in the District Court at Whataroa on February 12, 1981, and Judge Palmer found the charge proved. When giving his decision Judge Palmer said that the three brothers had been in the public bar of the Franz Josef Hotel. Scott Russell had persistently asked Mr Nolan to “step outside” and eventually he did so. Scott Russell accused Mr Nolan of spreading rumours about Russell damaging Mr Nolan's car about New Year’s Day, 1979.

On attempting to return to the public bar through the swing doors. Brett Russell, who was inside the bar, attempted to hold them closed but Mr Nolan pushed them open. He was abused by Brett Russell: On going over to the bar Mr Nolan was struck violently from behind by a person whom he assumed was Brett Russell, Judge

Palmer said. Scott Russell then beat up Mr Nolan who put his hands over his face. He staggered to the pool table and fell to the floor where he was struck repeatedly. One of the witnesses had stated that "there was a hell of a lot of confusion in the bar” which was crowded on this Friday evening. The witness saw 'the three brothers hitting Mr Nolan while he was on the ground, Judge Palmer had said.

When sentencing the three brothers Judge McAloon said that they had committed a cowardly, mindless, unprovoked and stupid attack on Mr Nolan. "Society is sick of these violent acts of behaviour in a public place and prison is the only appropriate, way to deal with you,” he said, f

Mr Fitzgibbon said that the assault arose from a feud between residents of Franz Josef and Whataroa which had been going on for some time. The probation officer had recommended a fine for the youngest, Brett Russell. Allan Russell had a job to go to in New South Wales, which had been arranged for him by a rugby league club. Professional football was the love of his life and he had good prospects in the sport. Both had been working in a sawmill managed by their father.

Counsel submitted that the two brothers should have been given a communitybased sentence. Mr Saunders said that the three brothers had joined in a bar-room brawl which had been started by Brett Russell who administered the first

blow and then stepped aside for Scott Russell to take over.

Judge McAloon had described the attack as violent and completely unprovoked, and such cowardly and vicious assaults resulting from a community feud had to be deterred, Mr Saunders said. Mr Justice Cook said that whatever might have been the truth as far as rumours were concered, there was nothing that could have been regarded as provocation for the assault upon Mr Nolan. All three brothers struck him as he lay defenceless on the ground.

“Violence of this sort is not to be tolerated. I see no reason to disturb the sentences imposed and the appeals are dismissed,” Mr Justice Cook said.