Eye-biting charge will be relaid after, mix-up

Press, 27 September 1983, Page 6

Eye-biting charge will be relaid after, mix-up

PA Auckland An Otahuhu judge has dismissed a charge of assault against a Mangere East rugby league player, Byers Beazley, who was accused of biting a player’s eye. But Mr Beazley, aged 29, is likely to face the charge again because of a mix-up at the District Court in Otahuhu, a lawyer, Mr Kevin Ryan, says. Mr Ryan acts for the former Ponsonby-Maritime player, Sven Guttenbeil, aged 28, who suffered a serious eye injury in the June match.

Recently Mr Beazley and his lawyer turned up at the Otahuhu Court to face a

Erivate prosecution brought y Mr Guttenbeil.

However, Judge Maxwell dismissed the charge of assault for “want of prosecution” when neither Mr Ryan nor Mr Guttenbeil arrived.

Mr Ryan said he and his client had not attended the Court because Justice Department staff had told him the case was not ready to proceed.

“I was told last week that the summons had not been served on him (Mr Beazley) in time,” he said.

Mr Ryan said the mix-up meant he would have to file papers again to bring the matter to Court. He said the dismissal of the charge would not stop it being relaid.

The court registrar declined to comment. Mr Guttenbeil said he was surprised to learn the case had been called because he was in Mr Ryan’s office when court staff had told him over the telephone that it was postponed. The Guttenbeil family decided to bring the private prosecution against Mr Beazley after the police announced that they would not be charging him. In June, the Auckland Rugby League judicial committee banned Mr Beazley from competition for seven years, but two months later, the New Zealand Rugby League Council reduced the suspension on appeal to less than a year.