Policeman pleads guilty to assault

Press, 10 December 1981, Page 11

Policeman pleads guilty to assault

PA Wellington After punching and kicking a kneeling man in the head, breaking his nose, a constable prepared a report which said that the man had assaulted him, the District Court at Lower Hutt has heard. Nigel Jay Blackbourn, aged 22, a police constable, pleaded guilty to assault (under the Police Offences Amendment Act No. 2) on Joseph Ward Harris on September 9 at Lower Hutt. The accused also pleaded guilty to an indictable charge that between September 9 and September 15 he wilfully attempted to pervert the course of justice by arresting and falsely maintaining that Joseph Ward Harris had assaulted and resisted him on September 9. The Crown Prosecutor, Miss Anne Gaskell, said that on September 9 the accused

and other constables were pursuing a vehicle which they suspected had been unlawfully taken. Its two occupants threw heavy items at the police car. If there had been oncoming traffic there could have been a serious accident, Miss Gaskell said. The vehicle ‘stopped at Moera and an occupant, Awatere, ran away. Awatere struck Blackbourn with a spanner. Awatere had since been convicted of assault. . The other occupant, Harris, was seen walking up steps to a block of flats. He was followed by two constables and called on to surrender with his hands in the air. Miss Gaskell said Harris knelt on the ground and did not try to remonstrate with the police. Blackbourn was called to identify Harris. The accused kicked the complainant in the head and shoulder and punched Harris once or twice on the head. Harris was taken to hospital for treatment of a cut to the head and upper lip, and a broken nose. Some front teeth were loosened. His injuries were healing, Miss Gaskell said. Blackbourn arrested Harris for assault and resistting him and made out informations charging Harris. Blackbourn also submitted a report. He asked for Harris to be remanded in custody. When Harris first appeared in Court he was remanded to September 16

when he denied the charges. On September 15 Blackbourn completed the file with reports and alleged facts. He said that Harris ran from the vehicle pursued by him (Blackbourn) and that Harris grabbed him and held him over a wall. The alleged facts said that two constables had had to help release Blackbourn, and that Harris had punched and struggled violently. On September 22 the police prosecutor learned the facts and immediate steps were taken to withdraw the prosecution. On October 7, Blackbourn was questioned and admitted he had made out the summary with incorrect details. He said he had “whacked” Harris two or three times with his fist but could not remember kicking him. Blackbourn had said that after the assault by Awatere he was angry and had released pent-up frustration. He had been sick and had had no-one to turn to. SMiss Gaskell said that at the time of the offence Blackbourn was a constable at Lower Hutt. He had been in the police for three years and 10 months but had since resigned. It was his first appearance in Court. Counsel, Mr Bruce Buckton, said the car chase had been over 20km and extremely dangerous. He said the extent of the assault was not admitted. Judge Robertson remanded Blackbourn to the I High. Court at Wellington for j

sentence on December 16 on the indictable charge. The remand was-at large. The Judge remanded Blackbourn at large to the District Court at Lower Hutt on December 17 on the assault charge.