Former policeman guilty of obstruction

Press, 18 February 1986, Page 16

Former policeman guilty of obstruction

PA Auckland A former policeman has been found not guilty of assaulting a traffic officer, but guilty of obstructing him, after a rehearing of his case in the District Court at Auckland. Mark John Van Leeuwarden, aged 27, of Northcote, had pleaded not guilty to the charges. Leeuwarden was originally convicted on both charges in April last year. Judge Deobhakta said yesterday that the incident occurred when an Auckland City Council traffic officer, who had since been dismissed, stopped a car at 11.25 p.m. because of the manner in which it was being driven. Leeuwarden and his wife were passengers. Both were members of the police at the time, but they had since left the force.

The judge said the driver got out and approached the traffic officer, and what then occurred was a matter of direct conflict between the prosecution and defence.

The Judge said it was

the case for the prosecution that Leeuwarden became obusive and violent and that he swung the traffic officer round and threatened to punch him in the face. On one occasion he pulled the traffic officer away from the driver. Leeuwarden had admitted becoming vocal and abusive, but denied any contact with the traffic officer. The traffic officer had said that when he first spoke to the driver he noticed signs of consumption of alcohol and required him to undergo a breath-screening test, which was declined. He also required the driver to accompany him to the Civic Administration Building but the driver went and sat in his car. The defence said that the traffic officer never spoke of a breath-screen-ing test or of a requirement that the driver accompany him. Judge Deobhakta said that although the traffic officer had been in the job for only a year, he appeared to be zealous in his apprehension of drunken drivers.

The Judge said that at the time of the incident he was prepared to accept that Leeuwarden was affected by alcohol. He had to bear in mind the traffic officer’s propensity for high-handed-ness, and his subsequent dismissal for an assault. The Judge said the charge of obstruction was based on the allegation that, when the driver was arrested, Leeuwarden held the traffic officer round his neck and pulled him away. This was denied by Leeuwarden and his witness. It was clear that throughout the incident Leeuwarden’s behaviour was objectionable. The Judge said he was satisfied Leeuwarden held the traffic officer in the manner described, and intentionally obstructed him. The Judge convicted Leeuwarden on the obstruction charge. The previous penalty had been a fine of $2OO and he saw no reason to differ from that. He ordered that the fine imposed on the assault charge be refunded.