Threat to wife denied by husband

Press, 21 January 1983, Page 5

Threat to wife denied by husband

A Christchurch man charged with using threats in an attempt to dissuade his wife from giving evidence in court has been remanded for a defended hearing after the taking of depositions in the District Court yesterday.

Roger Anthony Brott. a tyre builder, pleaded not guilty to the charge and has been remanded on self bail until February 4. He has been remanded without plea to the same date on two other charges of breaching a non-molestation order. The depositions were heard by Messrs M. B. Hayes and J. B. Anderson. Justices of the Peace. Tessa Brott said that at about 5.30 p.m. on Tuesday, November 23 she was in the kitchen of her home when Brott entered the house through the back door into the kitchen. He threw a summons on to the kitchen bench, she said.

"I really didn’t w r ant to talk to him and made to go out the front door to neighbours to call the police." Mrs Brott said. Brott had followed and grabbed her before she went back inside to talk to him. Mrs Brott said. “He said it's not a threat it’s a promise that if he did go to jail because of the Court case that was going to come up he would kill me, and the children would be left motherless and I'd be history, sort of thing," she said. The summons Brott had brought with him related to a breach of a nonmolestation order. Mrs Brott said she noticed her husband had been drinking when he came to the house. Questioned by the prosecutor. Sergeant W. J. McCormick. Mrs Brott said she had been frightened by Brott’s threat. She said she thought her husband was capable of carrying out the threat and that he had access to firearms.

The next morning, after

speaking to her lawyer. Mrs Brott made a complaint to the police, which resulted in her husband’s arrest. Cross examined by defence counsel. Mr D. J. Holderness. Mrs Brott said she had not known that on November 19 a charge against Brott had been withdrawn by the police. Questioned by Mr Holderness, Mrs Brott added that Brott had said he would plead not guilty to the charge so that she would have to appear in court and that if she did. then he would kill her. Constable B. V. McKay, stationed at Papanui, said that he had spoken to Brott on November 24. Constable McKay said’that Brott had told him he had been served with a non-molestation order, that he had read it, understood it fully and realised it meant that he was not allowed to go to his wife’s address. Brott had admitted throwing the summons on the bench at his wife’s house but had denied making any threats whatsoever. Constable McKay said.

In his submissions. Mr Holderness said that a prima facie case had not been made out by the prosecution. It was only after a good deal of examination and crossexamination that Mrs Brott had said that Brott had threatened to kill her not just if he went to prison but if she went to court as well, Mr Holderness said.

Progress between the couple had been made in the family court mediation before Christmas, Mr Holderness said, and a “jury trial would drive these parties further apart.” Sergeant McCormick said the family court mediation related only to access to the children and not to any form of reconciliation.

Mr Hayes ruled that the evidence against Brott was sufficient, and Brott was remanded on bail for trial to February 4.