Youth faces charge of attempted murder

Press, 21 August 1984, Page 4

Youth faces charge of attempted murder

Peering into a false ceiling above a washroom in a supermarket in the early hours a police dog handler had an eyeball-to-eyeball confrontation with a burglar who attacked him with a knife, Mr Justice O’Regan and a jury, were told in the High Court yesterday. Stephen James Malcolm, aged 18, unemployed, has pleaded not guilty to alternative charges of attempted murder of Constable Geoffrey Peter Bryant or wounding Constable Bryant with intent to avoid arrest on July 3. Before the trial began Malcolm pleaded guilty to a charge of burglary of the supermarket of Elliott Grocery, Ltd, at 61 Edgeware Road. Mr G. K. Panckhurst appears for the Crown, and Mr E. Bedo for Malcolm. The trial will conclude today. Opening the Crown case Mr Panckhurst said that that about 2.30 a.m. on July 3 the silent burglar alarm at the Century Supermarket was activated and a police dog van with two handlers and dogs went to the scene. There was no sign of any intruders when Constables Bryant and John Reekers arrived but at the rear they

saw evidence of possible entry. There was an air vent above a lean to and near that was a window with some of the louvres removed. While they awaited the arrival of the keyholder, Maurice Augustus Elliott, the constables guarded the building. Mr Elliott arrived around 3 a m. and it was obvious there had been a burglary because the safe in the office was found open and about $220 had been stolen. A systematic search was made of the building and on the first floor there were obvious signs where entry had been made but it was clear that the burglar was still on the premises because all the doors were found locked and to leave by the way he had entered the burglar would have had to pile up crates or use a ladder to reach the window which was 11 metres above the floor. With his dog, Sabre, Constable Bryant searched the storeroom at the rear which was stocked with cartons and other grocery items. While examining the washroom he saw that it had a false ceiling and he decided to examine the area be-

tween it and the real ceiling- . Clambering up on cartons of soft drink . Constable Bryant peered into the darkened area and had an eyeball-to-eyeball confrontation with Malcolm whom he ordered to come down. Constable Bryant stood back with his dog at his side as Malcolm stepped down on the series of cartons. On reaching (he last one Malcolm lunged at the dog and tossed it aside and came at Constable Bryant. As Constable Bryant went to apprehend Malcolm the youth struck out at him and at the time the constable did not know that he was armed with a knife. There was a struggle and blows were exchanged and the constable became aware of difficulty in moving his left shoulder. With blood pouring from a deep wound he gradually became weaker and backed away, although at the time he did not realise he had been stabbed. He ordered Sabre to attack and .as Malcolm charged at the constable he saw the glint of a knife. He warded off a thrust and was nicked on the chin. On hearing the command

to the dog to attack Constable Reekers became aware of what was happening and went to the assistance of his companion. He ran towards the storeroom and heard Malcolm say several times to Constable Bryant ,‘TU kill you.” Those threats were not heard by Constable Bryant, possibly because of his state of shock through the loss of blood. Constable Reekers released his dog Lex to assist Sabre and the two dogs bailed Malcolm up in a corner and Constable Reekera moved in to take the knife from him. When Malcolm lunged at him with the knife Constable Reekers struck him with a long police torch and he fell senseless to the ground. While the dogs stood guard over Malcolm, Constable Reekers rushed to get assistance for Constable Bryant. Constable Bryant was taken to Christchurch Hospital where a long 2in-deep wound in the left shoulder which severed the muscle had to be double stitched and he was admitted. At the Central Police Station, Malcolm was most unco-operative and would say little. When searched. $224 was found hidden in his

underpants, said Mr Panckhurst In evidence Constable Bryant said that during his search of the Century Supermarket he saw fresh blood on the wall beneath the window 11 metres above the floor. On seeing Malcolm hiding in the false ceiling he said: “Come on down, mate.” Sabre barked as Malcolm climbed down and then suddenly Malcolm grabbed the dog and threw it to one side. “Malcolm turned to face me and I saw him raise his hand above his right shoulder. I knew he was going to hit me so I moved forward and attempted to punch him in the face. At this point I felt several blows to the left shoulder and a brief struggle ensued. I managed to push him away and ordered the dog to attack,” Constable Bryant said. At that stage he realised that something had happened to his shoulder but he did not know what When Malcolm again came towards him he saw something shiny in his hand. Backing off he felt for his left shoulder with his right hand and he could feel it was quite warm and moist and when he looked at his right hand he saw *that it

was covered in blood. Fortunately, Malcolm concentrated his attention on Sabre and he was able to back off along the cartoned alleyway, said Constable Bryant After the first encounter he was in a state of shock and was very concerned about what was happening to him. His arm seemed to be working but was very limp. When Constable Reekers entered the storeroom, Constable Bryant said that he had shouted twice: “He’s got a knife.” When giving evidence

Malcolm admitted breaking into the supermarket and after taking the money from the safe he heard a dog barking outside. From the window he saw there was a constable with the dog. “I thought there is no way I can get out without being seen so I looked for a hiding place hoping that I wbuld not be discovered,” Malcolm said. From his hiding place he heard a number of voices and decided that he would be caught for burglary and he had no intention of escaping as he did not regard that as serious.

As he got down he thought he was about to be attacked by the dog so he pushed it aside. It was not until he was bitten by the dog that he took the knife out Everything seemed to happen so fast ; He had no thought or. intention -of killing Constable Bryant said Malcolm. To Mr Panckhurst Malcolm denied that he had the knife out and open before he got down from the ceiling. He did not remember using the knife on the constable and had been very scared when he saw the dog coming towards him.