Trial over death in Cathedral Square

Press, 3 February 1984, Page 8

Trial over death in Cathedral Square

A man who died in Cathedral Square in the early evening of December 1, and in the presence of passing members of the public, had been punched and kicked by another man in reprisal for what had been done to him three weeks before. Evidence of this was given in the District Court yesterday when Kevin John Dowling, aged 38, a sickness beneficiary, appeared on a charge of unlawfully killing Raymond John Robertson, thereby committing manslaughter. After hearing depositions of evidence of prosecution witnesses, Mr J. B. Anderson and Dr J. F. Mann, Justices of the Peace, held there was sufficient evidence to commit the defendant for trial.

They remanded him on bail to March 12, pending a date for trial in the High Court.

Mr K. N. Hampton, who appeared for the defendant, reserved his defence.

Mr G. K. Panckhurst prosecuted.

The report of a pathologist, Dr P. R. Kelleher, following a post-mortem examination, showed that Mr Robertson, aged 40. died from a brain haemorrhage consistent with its being caused by a trauma. His report said there was no evidence of natural disease within the brain sufficient to cause such a haemorrhage. Maurice Frederick Barr, who is in receipt of an invalid’s benefit, said he was drinking sherry in the Cathedral Square. He was with several others, and the defendant then came along.

Mr Robertson then arrived and asked the defendant if he “wanted to carry

on with it.” The defendant mentioned something about Mr Robertson having kicked him at a party. A bit of a scuffle ensued and both men exchanged two or three punches.

Mr Robertson fell to the ground and a member of the public felt his neck and said he was dead. The witness then telephoned for assistance from the bus kiosk. Peter Gilbert Smith, a Post Office foreman, said he was in the square intending to catch a bus, in the early evening of December 1. He saw a group of people sitting and standing and appearing to be drinking by a park bench at the bus kiosk. They seemed like “winos.”

Two men, the defendant and Mr Robertson, were arguing and this became more heated as it progressed. The men argued and abused each other. They feinted around, moving towards and away from each other. The defendant caught up with Mr Robertson and began to belt him around the head.

He got the impression Mr Robertson was not too keen on fighting and was trying to keep out of the road.

The defendant was a bigger build than Mr Robertson.

Mr Robertson went into a defensive crouch and did not seem to make any attempt to defend himself. He did not try to cover up or protect his head.

About three or four punches struck Mr Robertson’s head and he collapsed, face forward, on to the tiles. The defendant then kicked him twice in the upper

back, and stomped his foot on him once between the shoulder blades. Mr Smith said he shouted out to the defendant that the other man had had enough. He then went over to Mr Robertson and saw he was unconscious.

Cross-examined, the witness said both men were making comments such as “Have a go.” Four other witnesses gave evidence of seeing the fight. Evidence was that Mr Robertson fell heavily on to his chin after receiving the blows from the defendant. Other evidence was that blood samples showed a ratio of 112 milligrams of alcohol per 100 millilitres of blood in the defendant’s body. The ratio in Mr Robertson’s blood was 244 milligrams of alcohol. Detective J. W. Doyle said that he interviewed the defendant, who said he had met Mr Robertson in the square and hit him twice and kicked him in the back.

He was in a rage, and hit Mr Robertson because Mr Robertson and another man had beaten him up at their flat. They had given him a black eye and taken his money. The defendant told the detective he had started the incident which preceded Mr Robertson’s death.

He began drinking about 7 a.m. that day, and had been “drinking solid” during the day.

In a written statement to the detective the defendant allegedly said he had met Mr Robertson three weeks before. He had been on a drinking spree with another man, and this man and Mr Robertson asked him about money he owed to somebody else.

The other man hit him and he fell to the floor, and Mr Robertson kicked him in the ribs. After that incident he did not see Mr Robertson until the day of the incident in Cathedral Square. He had thought nothing about it until he saw him, but it was in the back of his mind that if he saw Mr Robertson again he would “give him what he gave me.”

After drinking during the day he had seen Mr Robertson in the United Service Hotel about 5.50 p.m. and hit him two or three times and kicked him. Later, in Cathedral Square, he saw Mr Robertson, who again mentioned his owing money to another person. He told Mr Robertson that it had nothing to do with him. He asked Mr Robertson if he wanted another hiding and he replied that he was not scared of the defendant. The defendant took off his shirt and Mr Robertson ran round the seats. The defendant said he was getting mad by this time. He caught Mr Robertson and punched him four or five times in the mouth and twice in the throat, and kicked him in the back when he fell down.

A young woman felt Mr Robertson’s hand as he lay on the ground and said she thought he was dead. The police arrived soon afterwards. “I went to drink some more sherry but they would not let me,” the statement continued. It said that when he hit Mr Robertson he did not mean to kill him. He just meant to hit him to teach him a lesson.