Argument over cartons led to jury trial

Press, 12 June 1986, Page 4

Argument over cartons led to jury trial

An argument over the supply of cartons to a woman packing toilet rolls in a city printing works led to one employee falling from steps on to a concrete floor and suffering potentially fatal head Injuries. Evidence of this was heard in the District Court yesterday at the trial, before Judge Pain and a juiy, of Vaoala Otele Tavai, aged 40, unemployed. Tavai denied alternative charges of injuring Colin Charles Scott, the evening shift charge hand last November 20 in circumstances that if death had resulted he would have been guilty of manslaughter; and of assaulting Mr Scott. The charges arose from Mr Scott suffering head injuries in the Caxton Printing Company’s works in Blenheim Road. The jury was still considering its verdict early last evening. Tavai was not represented by counsel, and conducted his own defence. Mr D. J. L. Saunders appeared for the Crown. Mr Scott, in evidence, said that during the shift on November 20 a packer asked for empty cartons, and he asked Tavai to get some as it was his job to keep the packer supplied. He said he had a mem-

ory block because of his Injury but vaguely remembered asking Tavai twice. Mr Scott said he was standing on the top of steps that went over conveyors. Tavai was standing on the other side of the steps, facing him. He next remembered waking up in hospital. He still suffered loss of hearing in one ear, and very poor eyesight, since the blow on his head. A. packer working at a machine gave evidence of running out of toilet-roll cartons and asking Mr Scott, and Tavai, for more. She . did not recall whom she asked first. The cartons were not brought, and she then heard the two arguing. The witness then saw Mr Scott fall. She ran outside to. get help. Cross-examined, she said that Mr Scott’s evidence that she was the last person he spoke to before the accident was not true. She said she only saw Mr Scott fall. She did not see a punch. During her employment at the factory she had seen Mr Scott Involved in “quite a few” arguments. Two other employees gave evidence of hearing

and seeing Tavai and Mr Scott arguing. One said he heard somebody call out and then saw Mr Scott lying on the floor and Tavai standing alongside trying to lift him. One employee said he heard Tavai tell Mr Scott he was sorry, he had lost his temper and did not mean it A neuro-surgeon, Martin Richard MacFarlane, gave evidence of treating Mr Scott after his admission to Christchurch Hospital. X-rays revealed three skull fractures. His condition deteriorated the next morning, and this was found to have been caused by a blood clot which caused considerable pressure on the brain. . The condition was “lifethreatening,” without an operation to remove the blood clot, Dr MacFarlane said. A cranial operation was done, and Mr Scott was discharged from hospital two weeks later. Dr MacFarlane said the head injuries Mr Scott suffered would have required a push, or a fall from a height. He said he thought a “simple” fall, or stumble, from any of the steps could have caused injuries of the severity Mr Scott suffered.

Detective S. W. Maloney said that Tavai, when interviewed, stated he and Mr Scott were arguing and it got a bit heated. Everybody argued with Mr Scott He said he hit Mr Scott with his left hand, and Mr Scott fell from the platform step and hit his head. He did not know whether he hit or pushed Mr Scott. Tavai, in evidence, said that after beginning work at the factory a month before he was bombarded with racial jokes by Mr Scott . He told the boss about this, and Mr Scott was spoken to. Arguments then took place about South Africa. Tavai said that when asked by Mr Scott to get containers for the packers he told him he had given her some earlier and it was no longer his job to do it. The argument and swearing, continued, and Mr Scott said, “Go home.” Tavai said he was embarrassed, and withdrew his argument. He turned his back and continued working. Mr Scott walked quickly past and his shoulder brushed against Tavai, who continued working and.said nothing. Mr Scott then spoke to another worker, and re-

turned and said “Go home” (witness demonstrated with fists). Mr Scott was still moving, on top of the steps, and Tavai ducked to the left and threw out his right hand. He did not know whether this movement struck Mr Scott He stood up to find Mr Scott lying on the floor. He thought Mr Scott was “making a Hollywood,” until he saw blood from his head, and then went to assist him. Cross-examined, Tavai said he did not deliberately push Mr Scott He made a "fending-off” movement In his final address to the jury, Tavai said the Crown had produced no witnesses who had seen any act or movement by him which caused Injury. Tavai said he had acted in self defence, making a fending-off movement. The Crown had established only that there had been an argument and not whether Mr Scott had been pushed from' the platform. He equally could have stumbled or slipped. Mr Saunders submitted that Mr Scott had suffered potentially fatal injuries, and these were directly attributable to Tavai’s losing his temper and lashing out at Mr Scott.