Motorist fined for assault after arrest struggle

Press, 24 September 1983, Page 6

Motorist fined for assault after arrest struggle

A motorist was told in the District Court yesterday that he gained no sympathy from the Court for injuries he suffered during a struggle with traffic officers to place him in a patrol car after his arrest for a suspected drink-driving offence.

Judge Bradford told Andrew Roy Jones, aged 23, a labourer, that recent suggestions that traffic officers should be supplied with handcuffs to restrain offenders who became violent could not be criticised when one had regard to events in this case. His comments were made when he convicted the defendant on a charge of assaulting traffic officer E. C. Bell in the execution of his duty on January 7.

He fined the defendant $3OO, and ordered him to pay $37.50 restitution for repairs to the traffic officer’s spectacles.

The defendant, who denied the charge, was re-

presented by Mrs P. D. Gibson. The judge said when convicting the defendant that he had been entirely responsible for the bloodied nose which he suffered. He said the courts heard frequently of persons becoming violent when apprehended “as potential killers on the road,” on suspicion of driving a vehicle under the influence of liquor. They were apprehended in efforts to try to protect the public interest.

Evidence in the case was that when stopped the defendant failed a breath screening test and was asked to accompany the traffic officer to the Ministry of Transport building for further testing. He agreed, so long as his Alsatian dog could accompany him. At the transport building he asked to use a toilet and went into one, with his dog. The traffic officer prepared breath testing equipment. The defendant was then found to have left the building

Traffic officers Bell and M. R. Bruce drove to the defendant’s home and waited but the defendant did not return. They then travelled past where his car had been parked and saw him trying to enter his car.

When asked why he had not remained at the transport building the defendant said he had not been there. He was told he was under arrest but when a hand was placed on his shoulder he struggled and swung his arm, hitting traffic officer Bell on the nose and breaking his glasses. The defendant was restrained by the two officers arid “forcibly placed” into the patrol car.

Traffic officer Bruce said the defendant struggled violently in resisting being placed in the patrol car.

The officer suffered a gouge out of his cheek which he believed was inflicted by the defendant’s watch strap.

Cross-examined, the officer said he punched the defendant in the face when he was struggling violently and had gouged the officer’s cheek. -• ■

The defendant, in evidence, said he did not hear the officer tell him he was under arrest.

He said he was punched twice, once when the officers were trying to place him in the patrol car, and again when he was in the car.

He suffered a badly bruised nose, bruised cheeks, and a cut lip. He said he was also kicked in the stomach while being dragged into the car.