Former S.M. discharged without conviction

Press, 30 October 1981, Page 5

Former S.M. discharged without conviction

A former Christchurch magistrate. Harold James Evans, was discharged without conviction by Judge Bradford in the District Court yesterday after pleading guilty to an anti-Spring-bok tour obstruction charge. Mr Evans arrived at the courthouse at 9.45 a.m. His name was called at 12.05 p.m. and after a hearing in chambers his case was then stood down to the end of the afternoon. Evans, described by the police prosecutor as ."a retired married man." pleaded guilty to a charge that without lawful excuse he obstructed the intersection of Hereford Street and Cambridge Terrace on September 8.

When Mr Evans moved out of the public gallery carrying an armful of books and a furled banner the Judge told the Court orderly to remove the banner.

Sergeant J. E. Dwyer said the defendant was part of an anti-Springbok tour demonstration at the intersection. He was one of a number who linked arms and caused a traffic build-up. Evans was arrested along with 40 others! said Sergeant Dwyer.

The Judge said that having dealt with a great number of similar ’charges to date, which had been discharged without conviction and having perused the defendant's 50-odd page affidavit, he saw no reason why sentencing should be anv different.

Mr Evans said such a course would not be appropriate in his case. The Judge said the defendant in his affidavit had asked that he be discharged under Section 42 of the Criminal Justice Act. .

To protestations from Mr Evans, the Judge said he saw no. point in hearing the defendant further as his case was no different from that of others.

When Mr Evans asked that he be heard in full the Judge ordered the defendant and the prosecuting officer to his chambers.

A voice from the public gallery who called out. "Let him be heard." was told by the court orderly to be.quiet. When the case resumed at

4.15 p.m.. Evans stated that he wished to address the Bench further on matters set out in his affidavit.

The Judge replied that he had 'read the affidavit and that he considered the submissions made added nothing which would justify dealing with the defendant in any way differently from others similarly charged in the same incident.

After quoting precedents in relation to discharges without conviction the Judge said he would discharge the defendant without conviction under Section 42 of the Criminal Justice Act. Mr Evans then claimed he had been silenced by the Court. He was told to stand down by the Judge.