Sentence quashed

Press, 30 June 1982, Page 4

Sentence quashed

PA Auckland A Springbok tour protester convicted of assault has had a sentence of periodic detention quashed because of "instant retribution" administered by a policeman's baton. Mr Justice O'Regan has heard in the High Court at Auckland, that Peter Edward Farnon. a student, aged 19. was sentenced, to four ■months periodic detention on a charge of assault against a policeman, when the Springboks played at Gisborne on July 22 last year. His Honour found that Farnon was batoned by Sergeant Michael Paul Lacey, who said he saw the accused assault Constable Graham Andrew McPherson. Upholding the appeal against sentence, his Honour said that Farnon "held very strong views on the Springbok tour issue and obviously, in this instance, was -overtaken bv events.”

“He allowed that during the incident he was overtaken by fear. I note also that his part in events was met by the instant retribution administered by Lacey's baton,” he said.

The sentence of periodic detention was substituted with a fine of $250.

Dismissing Farnon's appeal against conviction, his Honour was critical of police witnesses viewing photographs of the accused before giving evidence in the District Court at Auckland. That dimished the value of their identification of Farnon in court, he said, "because there is a possibility that subconsciously and unwittingly the witness identifies not the person he saw at the scene of the crime, but the person whose likeness he saw in the photograph of the alleged culprit." “I am in no doubt that the quality of the evidence of visual identification given by three members of the police was poor." he said.

But the evidence of Farnon that he was struck by a baton, together with evidence that Sergeant Lacey used his baton only once that day, and Constable’ McPherson's evidence that he saw Sergeant Lacey baton the person who assaulted him. supported the conclusion that it was Farnon who committed the assault. said his Honour.