Traffic officers did not assault man

Press, 16 July 1986, Page 20

Traffic officers did not assault man

PA Wellington Two Wellington traffic officers have been cleared of assaulting a man undergoing drinkdrive procedures at the Ministry of Transport headquarters. In the District Court at Wellington yesterday Judge D. J. Carruthers said the incident was entirely provoked by the complainant’s abuse and aggression. The two officers, Michael David Wing, aged 23, of Khandallah, and Stephen Whitehead (a senior-sergeant), aged 39, of Newlands, had pleaded not guilty to one charge each of assaulting Nicholas Frank Padden on October 11 last year. Judge Carruthers dismissed the charges. The Judge said Mr Padden had been required to give a second blood sample when the first sample taken was not sufficient to be analysed.

Mr Padden said he would not allow a doctor to take another sample until he was shown a copy of the laws requiring him to.

Judge Carruthers said the officers had a legal right to require a further sample. They were not obliged to show Mr Padden a copy of the Act The Judge said after the second sample was requested Mr Padden’s

mood changed abruptly and he became abusive and aggressive. The Judge said there was evidence that the officers acted calmly and professionally. Judge Carruthers said Mr Whitehead acted in self defence by placing his hand on Mr Padden’s upper chest, after Mr Padden struck him.

Mr Whitehead also gave him a mild push on the forehead to try to prevent him spitting. The judge said he thought Mr Whitehead’s action was reasonable and did not constitute an unjustified assault

He said officers were justified in handcuffing Mr Padden to restrain him.

In view of the continuing abuse and spitting, it was not unreasonable for Mr Padden to remain handcuffed, Judge Carruthers said.

He said Mr Wing’s hand collided with Mr Padden’s face in a reflex action when he heard Mr Padden moving behind him. It was not an intentional assault the Judge said.

Mr Padden lost his balance fell against a chair and injured his face. He lost two of his caps on his front teeth.

Judge Carruthers said Mr Padden was an unreliable and unsatisfactory witness. Where there was a con-

filet in the evidence, the officers' word was accepted, Judge Carruthers said.

He said Mr Padden used his brother’s name in his dealings with the officers that night

The judge said he had nd doubt that Mr Padden considered officers were hassling and being , unfair to him. ,

Mr Des Deakin represented Mr Wing and Mr Whitehead. Mr Grant Burston appeared for the police.