Shield assault charge dismissed

Press, 29 October 1981, Page 10

Shield assault charge dismissed

A charge against a man who, according to evidence, was seen by two police officers to strike another policeman with a plywood shield during an anti-Spring-bok tour protest at Lancaster Park on September 12, was dismissed by, Judge Fraser in the District Court yesterday.

The defendant, ■ William Tamepo. aged 21, a painter, had denied a charge of assaulting Constable D. R. E. Henry in the execution of his dbty.

The Judge upheld submissions by his counsel (Mr M.

J. Knowles), after the completion of the prosecution’s case, that there,was no case to answer to the charge. The Judge said that, on the evidence given during what was a- brief, fast-moving incident, it would be unsafe to convict the defendant. Sergeant J. E. Dwyer prosecuted. Evidence had been given by a constable of seeing the defendant strike a- police officer in the body with a shield. He did not recognise the police officer whose back was towards him.

Senior-Sergeant R. G. Middlemiss also gave evidence of seeing the defendant strike a policeman with his shield. He did not recognise the policeman concerned, but he was the only one in the group of police wearing a raincoat, and later ascertained this was Constable Harvey. Constable Harvey gave evidence only of being “pushed and jostled numer- ’ ous times.” He was wearing a police issue light-weight raincoat. The incident occurred

when the policemen, with others, went to assist two plainclothes detectives who had been surrounded by a group of between 30 and 50 protesters in the park, after the main group of protesters had left. Some of the group had attacked the detectives, according to evidence. The Judge, when giving his decision commented that he could not understand how the protesters could regard an attack on the two detectives, and efforts to resist others helping the detectives, as part of their anti-Springbok tour protest activity.