Man cleared of charge over boat boarding

Press, 18 May 1984, Page 7

Man cleared of charge over boat boarding

A Christchurch shipwright and life member of the Christchurch Yacht Club was acquitted in the District Court yesterday of a charge of threatening behaviour in relation to activities in Lyttelton Harbour on the morning of Saturday March 17 when the police and protest vessels were on hand for the arrival of the U.S.S. Whippie.

Clifton Amos Stemmer, aged 60, denied the charge of behaving in a threatening manner, in a public place. (Lyttelton Harbour), in circumstances likely to cause violence to start against persons.

After the all-day defended hearing Judge Pain held that in one aspect of the charge the police had proved its case.

He said he was satisfied that Stemmer’s conduct constituted a threat. The defendant had ordered a constable who boarded the boat to leave, and had held an axe near the constable. However, the Judge said, this was not sufficient to establish the charge. He held that the incident had not occurred in a public place as it had taken place on board Stemmer’s boat, which was not being used at the time for hire by the public. The charge also failed on the third ingredient, as it had been a one-to-one confrontation between Stemmer and the constable. Stemmer’s four guests did not see this brief encounter and his actions were not likely to cause violence to begin amongst them. The only other persons in the vicinity were the police on the other vessel.

Sergeant C. P. Healey prosecuted and Mr J. G. Rutherford appeared for Stemmer. Evidence in the case was that Stemmer, who had the member of Parliament for Papanui, (Mr M. K. Moore), Mrs Moore, and a member of the peace movement amongst his guests aboard,

had been boarded twice by police from the T.S. Cornwall: once when near the harbour entrance, and again when the Whipple was berthing at a wharf. A constable earlier had tried to hand a slip of paper to persons on board Stemmer’s boat, the Avalon, but the vessel refused to stop. The paper detailed the prohibited area of the channel for unauthorised vessels while the Whipple was entering the harbour and at its berth.

The police also had signed authorities from the harbourmaster permitting and directing them to act on his behalf in providing safe passage to and from the berth.

Police witnesses gave evidence that Stemmer’s boat had played a cat and mouse game with the Cornwall when first directed to move from the channel, where it was hove to. As it seemed that the Avalon was not going to move from the danger zone and the Whipple was very close, it was decided that Constable J. W. Boers should board the Avalon and shepherd it out of the way. Constable Boers said that just before he boarded the Avalon he saw that Stemmer was the only person in the cabin. Aboard, he was met by Stemmer with an axe in his hand, at the cabin door. The axe was held at chest level and Stemmer told him to get off the boat and waved the axe in front of him.

“At that stage I thought he may have tried to hit me with the axe,” Constable Boers said. He pushed Stemmer back, into the cabin. He told Stemmer that he was a policeman and a deputy harbourmaster and asked him to change the boat’s direction. Stemmer said he would not, and again told him to get off the boat. They were approaching rocks near the mole and the

constable feared that the boar would run aground. He attempted to steer the boat away but Stemmer placed himself between him and the wheel. Others aboard continued to steer the boat towards the mole.

At that stage they were within 60m of the Whipple and 20m of the rocks, Constable Boers said. He tried to work the boat’s controls and Stemmer cut the motor, and the vessel passed into the inner harbour entrance.

The constable rejoined the Cornwall shortly after. He again boarded the Avalon with Detective K. W. Kortegast at 8.55 a.m. He said that during the incident he wore yellow weather-proof clothing. He had an orange sticker on his back but no other identification, but the Cornwall had a police sign.

He had told Stemmer that he was a police officer, and had authorisation from the harbourmaster.

The only resisting by Stemmer was to prevent the constable from reaching the wheel.

Cross-examined, Constable Boers said he had been a naval reservist for two years and a sea cadet for 14 years.

He had not told Stemmer of his experience. He agreed that Stemmer was not enthusiastic at his taking the wheel and that 20m from the rocks was “perilously close.” The constable said there was no violence after he had identified himself and taken the axe.

Detective Kortegast said that at 8.54 a.m, as the Whipple berthed at No 3 wharf, the Avalon came round the end of the pier from the berth next to the Whipple, and 20m to 30m from it.

Detective Kortegast again shouted out his identity and said he was going to board the Avalon.

Stemmer told him to stay off, and when the detective went aboard, told him to get off the boat.

The detective produced his police identification card and harbourmaster’s authorisation.

When asked why he had raised the axe when Constable Boers was aboard, Stemmer told the detective that he had been chopping wood. A small chip heater was situated in the cabin. Stemmer denied having threatened the constable with the axe, and said he had been chopping wood.

Stemmer then called Mr M. K. Moore, who was aboard.

Detective Kortegast said he spoke to the others aboard, including Mr Moore, but they were not able to assist in relation to the incident.

Cross-examined, the detective was asked whether he knew of the slip of paper (notifying the prohibited area for unauthorised vessels in the channel) had been brought to Stemmer’s attention. He said an attempt was made for it to be brought to his attention.

The Harbourmaster, who had been in a helicopter overhead at the time, had not directed him to board the Avalon, Detective Kortegast said. Michael Kenneth Moore, member of Parliament, gave evidence for the defence. He said he had been aboard the Avalon because of an approach by some of the organisers of the peace movement. Others aboard were Stemmer, Mrs Moore, a member of the peace organisation, and a young girl.

On the first occasion they were over 100 m from the Whipple. In no way did he consider they were in a dangerous position, when the constable boarded the boat. He did not recall their getting closer then 100 m from the Whipple. At the end of the day they might have been marginally closer, but he doubted it. When he got down from the top of the cabin he thought he saw an axe in a bucket in the cabin. He did not see any threatening action.

“I thought the whole thing was good natured,” Mr Moore said.

He was very surprised that a charge was laid and that the Constable felt threatened.

He thought the constable looked more embarrassed then threatened by the events early that morning.

The defendant said in evidence that he had been asked by a person to take his boat so that observations could be made of the Whipple’s arrival.

He was not aware of rules and regulations imposed for the visit. Three police boats were near Cashin Quay, calling to boats to keep out of the channel.

After being directed by one police boat, he crossed the channel. The Cornwall crossed his bows and he went full astern to avoid hitting it. Stemmer said his boat was in shallower water to the side of the channel and at no time was it within probably 130 m of the Whipple.

When he was boarded the boat was near reclamation mudflats to one side of the harbour entrance, by rocks, and in shallow water. Stemmer said he saw no reason why he should have been moved by the police.

He had used the axe to cut kindling to heat the stove for coffee. He did not threaten the constable.

Cross-examined, Stemmer said he probably had the axe in his hand while steering the boat. The stove had a small firebox which needed refuelling.

He did not use the axe to stop the constable. Edward Gillard, a Harbour Board tugmaster, who gave evidence under subpoena, said he assisted in berthing the Whipple. He was not impeded in the berthing by the Avalon. The only interference he saw was two surfboarders who were moved by the police.