Charges dismissed

Press, 20 February 1988, Page 6

Charges dismissed

After an all-day hearing Judge Frampton, in the District Court yesterday dismissed all charges against three men arising from an assault on a youth, and a subsequent assault and breaking of a beer glass in the face of a man who remonstrated with the men who were attacking the youth.

The victim of the second attack, Garry Trevor Storer, aged 32, suffered facial and other injuries, which required 68 stitches. The defendants were John Leslie Harper, aged 27, a painter (Mr G. R. Lascelles), Clive Richard Harper, aged 26, a timber worker (Mr D. J. R. Holderness), and Michael Gerard Kevin Murphy aged 32, a machinist (Mr S. C. Barker).

Each defendant faced a charge of assaulting Mr Storer, and of injuring him with intent, in the Avonhead Tavern last August 28. The two Harpers also faced additional charges of assaulting Jason Robert Sare, aged 17, and fighting in the Avonhead Tavern. All charges were denied. Sergeant W. P. Creasey prosecuted. The police alleged that Mr Sare was first attacked in the lounge-bar toilets. One of the defendants was then alleged to have assaulted Mr Sare and a friend after calling them “homosexuals” for being

in a toilet cubicle together.

Mr Storer had intervened as Mr Sare was being attacked by two men.

A third man, alleged to have been Murphy, was then said to have joined in.

During this, Mr Storer was said to have had a glass thrust in his face.

Neither Mr Storer nor Mr Sare could identify their assailants. The defendants were identified in court, or in photographs shown to a witness by the police after the incident.

Evidence was that they had changed their appearances between the time of the incident, and their appearance in court yesterday. One defendant, Murphy, gave evidence and denied any involvement in fighting.

Counsel for the two other defendants did not call evidence.

They emphasised in their submissions the dangers of entering convictions on the basis of the identification evidence. The Judge held that he could not be satisfied beyond reasonable doubt that the charges had been proved against the three defendants. There had been 330 to 370 persons in the bar according to evidence.

There was considerable doubt and conflict in some of the evidence, of events that occurred six months ago.