Shedhand freed on assault charge

Press, 8 March 1984, Page 4

Shedhand freed on assault charge

A young man told Judge Fraser and a District Court jury yesterday how he “blacked out” after being kicked in the ribs, punched, and hit in the face by what he thought was a bottle in the alley beside the United Services Hotel on December 8. Dean John Sayers said he was dragged into the alley after one of a group of four or five Maoris in the hotel asked him “do you want a go,” which he took to mean a fight.Darryn Lindsay Reihana, aged 17, a shedhand, had denied assaulting Mr Sayers with intent to injure him and the jury found him not guilty of the charge. He was represented by Mr T. W. Fournier and Miss K. McDonald prosecuted for the Crown.

Mr Sayers told the Court that he suffered lacerations to his forehead, lip, nose, under his eye, and his dental plate was damaged. He said Reihana had dragged him outside and hit him with the bottle, although he did not think the accused kicked him in the ribs.

During cross-examination

Mr Fournier put it to Mr Sayers that at the preliminary hearing he (Sayers) had said he only thought it was the accused who dragged him outside, but Mr Sayers said he could remember it more clearly. When the police arrived he identified Reihana as the man who assaulted him.

A barman, Mark Peter Bryson, gave evidence that he heard the sound of breaking glass in the alley and as the bar doors opened he saw someone holding a- crate. Another barman, James Edward Barbour, said he found a lot of broken bottles in the alley and a beer crate lying beside Mr Sayers. The defence did not call any evidence, but Constable M. W. Lucas read a statement that he had taken from Reihana. In it Reihana said he did not know anything about the assault. He went to the toilet and when he came out the police were there. He said the only time he went near Mr Sayers was to shake his hand in the bar.

Addressing the jury, Mr Fournier said they should

treat Mr Sayers’ identification of Reihana with caution as he had been drinking, had been unconscious, and the incident happened quickly. Although discharged on this count, Reihana was sentenced to four months periodic detention and released on probation for 12 months on charges of assaulting and obstructing a constable on January 13. Reihana had pleaded guilty to the charge of obstruction and the assault charge had been found proved at a defended hearing.