Injuring defence

Press, 29 February 1984, Page 4

Injuring defence

A man who drove his car on to a Rangiora footpath, hitting and injuring a pedestrian, after an altercation between hotel patrons, did not know what he was doing because he had been hit on the head, a District Court jury was told yesterday. Evidence would be given that Michael John Gillespie, aged 26, a labourer, could not form a criminal intent because it was highly likely that he had suffered concussion in a “vicious” attack, the Court was told. Gillespie has denied alternative charges of injuring David George Schofield with intent to cause grievous bodily harm and injuring Mr Schofield with reckless disregard for his safety. Opening the defence, Gillespie’s counsel, Mr G. R. Lascelles, said that the accused and a friend had been drinking at the Red Lion Tavern in Rangiora on June 20 last year. There was some “tom foolery” in the bar with a group of girls who were playing pool, but it was nothing serious. They left the hotel and were outside talking when Mr Schofield and several others, including one who was carrying a bar stool, emerged. The prosecution witnesses had in general agreed that the accused and his friend were not wielding weapons or making

mrcdia. The only time when a weapon was seen was later after a chase, when a bar came out of Gillespie’s back pocket. “Mr Gillespie cannot give evidence because he was unconscious or does not remember what happened at that particular time. Immediately before this (the incident) he was held over the bonnet of his car by David Schofield while his accomplices rained blows on his head,” Mr Lascelles said. Gillespie was subject to a vicious and unprovoked attack. He was later treated at the Christchurch Hospital for his injuries. The evidence would show that he did not intend to cause grievous bodily harm, and that he did not form a conscious criminal intent to drive with reckless disregard for Mr Schofield’s safety. Dr S. F. Avery, a Christchurch doctor who has specialist training in neurology, said he had examined Gillespie last October and read the hospital records of his admission on June 21. He said that blows to the head could cause a loss of effective reasoning. He believed that, medically, it was “very reasonable that there was a considerable doubt” about Gillespie’s ability to consciously formu-

late a course of action at the time of the incident.

“I think it quite possible that someone having a head injury such as a blow to the head could behave in a structured way such as that and yet not be consciously aware of the full implications of what he was doing or even to have a recall of it,” he said. It was common for accomplished sports persons, such as rugby players or boxers, to experience episodes of amnesia after a hard tackle or similar event. Yet they could still continue playing, even though they would not recall that part of the game later. Earlier in the day the Court finished hearing evidence from the 12 prosecution witnesses. Detective David John Cartwright, who is stationed at Rangiora, confirmed that when he interviewed Gillespie about the incident he complained that he had glass in one eye and a sore cheek-bone. Mr Cartwright thought the injuries were serious enough to need medical attention and Gillespie later went to Christchurch Hospital. The trial will continue today with the final addresses by counsel. Mr P. G. S. Penlington, Q.C., and Miss K. P. McDonald appear for the Crown. Judge Pain is presiding.