Father on abduction charge

Press, 3 December 1982, Page 5

Father on abduction charge

A man who was alleged in the District Court yesterday to have abducted his son, aged nine, whose mother had legal custody of him, said in a written statement to police that he was not going to keep him. and that he wanted to see his son for a few hours but the boy's mother would not let him see him. The defendant, James Stewart, aged 41, a sickness beneficiary, elected trial byjury and denied a charge that on October 10,’ with intent to deprive Annette Stewart of possession of Ryan Stewart, aged nine, he unlawfully took away the child.

After hearing depositions or statements of prosecution

witnesses, Messrs E. W. Pyle and V. C. Empson, Justices of the Peace, held there was sufficient evidence to commit the defendant for trial. —. They remanded him on bail to January 31, pending a date for trial in the District Court. Sergeant G. G. Cleland prosecuted, and Mr D. J. Taffs appeared for the defendant. Ryan Stewart gave evidence that he had cycled with a young friend to the friend's place about 5.30 p.m. on October 10. After he arrived there a van stopped at the gate. He had seen this van near his own house when they left.

His father (the defendant) was in the passenger's seat and called, him to the van. He said he had a watch for him and asked if he would like to drive the van. The boy said that he told his father he did not want to get in the van. His father got out and put him in the van, and they went to a house near the hills. He asked to be taken home, and his father said he would, but did not say when. Other evidence was given that police found the defendant and the boy in a house in St Martins the next afternoon. In a statement made to the police after his apprehensibn the defendant allegedly

said he had not opposed the application to the. Court for custody in 1979 as he thought the boy's mother should have custody of him. However, his son’s mother and grandmother had kept making excuses each time he telephoned to try to arrange to see his son. He had gone in the van to see his son, and saw him cycle to another house and called out to him. His statement said he wanted to have his son for just a few hours, and was not going to keep him. He loved the boy and was not going to hurt him. The boy's . mother and grandmother would not let -him see his son.