Injury not intended—prisoner

Press, 13 June 1984, Page 4

Injury not intended —prisoner

A woman serving a sentence of life imprisonment in Christchurch Women’s Prison yesterday denied in the District Court a charge relating to an assault on a prison officer. She said that she “did not think the officer would be here” if she intended to injure her. After an all-day defended hearing, in which six prison officers gave evidence for the prosecution, Judge Frampton found the defendant, Wikitoria Hauiti, aged 27, guilty of a charge of assaulting a prison oficer on March 20 with intent to injure her.

The defendant had denied the charge. Her counsel (Mr M. J. Knowles), said it was conceded that an assault had occurred, but that the defendant had not intended to injure the prison officer, who had struck a heater after the defendant had collided with her. A sentence of six months imprisonment was imposed. The Judge said he agreed with counsel that he could not add to the present term

of the defendant’s prison sentence.

Mr N. W. Williamson prosecuted.

The complainant gave evidence of going to the medium security wing soon after 3 p.m., with another prison officer, to tell Hauiti she was on a misconduct report.

Hauiti had then walked out to the exercise yard. The complainant heard banging noises as she was leaving the wing and reentered the wing in case help was required. Another officer suggested she leave the wing and she was approaching the grille door when she saw Hauiti enter the corridor through a door from the exercise yard. An officer called to the complainant to run, which she did.

The complainant said she reached the grille door. She could not remember putting the key in the door but remembered a force from behind as she went through the door. She remembered hitting her head on some-

thing as she fell in the corridor.

She recalled lying on her back with Hauiti standing over her. She kicked out at Hauiti to try to protect herself, but remembered nothing more of the incident. She was admitted to hospital overnight and was off work for a month. Megan Ann Smith, a senior prison officer, said that after the complainant spoke to Hauiti, Hauiti went to the exercise yard at the rear of the wing. She saw the complainant walking towards a grille door to leave the wing. She then heard a noise, a “bellowing,” and Hauiti burst out of a door and ran past her, towards the grille door. Mrs Smith called out to the complainant to run. Hauiti reached the complainant at the door and the momentum as Hauiti hit her carried both through the door. Mrs Smith then saw the complainant lying on her back. She appeared to be unconscious. Jean Smith, third officer

at the prison, said the com- , plainant ran towards the door, with Hauiti chasing up behind her. The witness heard a click as the complainant apparently unlocked the door but Hauiti then propelled herself into the complainant’s back. The force propelled the complainant through the door and she hit her head on a heater and fell to the floor. Hauiti then began punching the complainant about the head, shoulders, and chest, then stood up and kicked her in the head, shoulders and back. ■ The complainant, lying on her back, attempted to kick Hauiti, who continued kicking the complainant forcefully. The complainant then rolled over on her side, arms drawn close in a protective position, and appeared to be unconscious. While kicking the complainant Hauiti was yelling loudly and said she would kill the complainant.

Other officers arrived and the witness looked after the

complainant, who was unconscious and of a waxy pallor. Her pulse was very slow. Hauiti still tried to kick her, even though she was being restrained. Hauiti, in evidence, said she had been annoyed on the day of the incident because she had been refused permission by the superintendent (Miss F. Grenfell), to return to the maximum security wing to be with a friend who was also “a lifer.” Having been refused she went round the grounds and spoke to her friend beside a window. As a result of this she was placed on report for misconduct, by the complainant. She said she had not disobeyed the superintendent, and had stayed at the window only briefly. Hauiti said she slammed two doors and broke a piece of equipment in the exercise yard in her anger and told an officer she was going to get the complainant. She did not know she was still in the

medium security wing at that stage.

She then saw the complainant near the grille door.

Hauiti said she was running fairly quickly. She could not understand why the complainant stood near the door waiting until she collided with her. When she collided with the complainant the door flew open and she knocked her head on the heater. Hauiti said that if she intended to hurt the officer she thought she would do something more drastic.

“I don’t think she would be here if I was intending to injure her.”

The defendant denied pummelling the officer with her fists and also denied kicking her in the head and stomach. She said she kicked at the officer three times and hit her twice, but it was kick for kick, in retaliation. Hauiti said she admitted she assaulted and collided with the complainant, but said she did not intend to injure her.