Marae charges dismissed

Press, 12 October 1988, Page 34

Marae charges dismissed

Charges brought against George Te Otinga Horace Brennan and three sons arising from events at the national marae, Pages Road, in August last year, when marae trust board members called there, were dismissed by Judge Frampton in the District Court yesterday. After a ' two-day defended hearing, the Judge criticised the police administration for their act of folly in sending three policemen into what was a potentially dangerous situation. In reaching that conclusion, he said he found that the policemen were not acting in the execution of their duty when they were present on the marae, ostensibly to keep the peace. It was not their duty to accompany the Waha Stirling party. The prosecutions brought by the police were of assaults and obstruction on police officers acting in the exe-

cution of their duty. The incidents occurred on August 22 last year when, according to evidence, three policemen accompanied the chairman of the marae board, Ropata Wahawaha Stirling and other marae trust board members to the marae, to keep the peace while these members tried to retrieve office records and change the locks on doors at the marae. Incidents allegedly involving Brennan’s three sons, who denied the party access, and then Brennan, who arrived on the scene as Mr Stirling’s party was leaving, then took place. The defendants were George Te Otinga Horace (Hori) Brennan, aged 55, a waterside worker and Christchurch City Councillor, charged with assaulting and resisting Sergeant B. N. Thompson, and inciting other persons to obstruct him. Te Ari Frederick

Gerard Brennan, aged 31, a carver, charged with intentionally obstructing the sergeant, and resisting Constable P. Bell. Peter Te Huia 0 Te Rangi Brennan, aged 27, a freezing worker, charged with intentionally obstructing Sergeant Thompson. David Unuku Rakeiora Brennan, aged 26, a supervisor, charged with intentionally obstructing Constable P. G. Heenan and assaulting Sergeant Thompson. All charges, which were denied, were dismissed by the Judge, who upheld defence submissions that the police had not been acting in the execution of their duty. Sergeant B. G. Scott prosecuted. Mr B. McClelland, Q.C., and Mr M. J. Knowles appeared for all four defendants. Brennan was the suspended secretary of the marae committee at the time, and evidence was he did not recognise Mr

Stirling as the trust chairman. Brennan’s three sons gave their evidence yesterday, the second day of the hearing, and told of events after the Stirling party arrived and was denied access to the marae. A constable was subpoenaed for the defence and said he considered Sergeant Thompson had over-reacted. However, the Judge said the sergeant had faced a difficult situaiion, which only really blew up after Mr Stirling’s party had left. It might be that had Brennan arrived a little later he and his sons might not be before the Court. It was very easy to criticise a police officer. However, to the man at the scene the situation was far different. He was dealing with a situation that blew up in his face and certainly had a potential for further vio-

lence. The Judge said that if ; he directed criticism at anybody regarding the f police’s involvement it f was the police administra- > tion in allowing Sergeant • Thompson to find himself ! in this position. It had allowed police to . be used without making i proper inquiries of the . matters in dispute and 1 what might happen with the rather provocative ; arrival of the Stirling i party at the marae. “If the police adminis--3 tration had made proper inquiry they must have known that a confrontai tion was extremely ; likely,” the Judge said, s He said he took into 3 account that in this potentially violent situation 3 only three policemen were sent; and reinforcet ments were on hold at the 3 New Brighton police station. 3 It was an act of folly to i send three policemen into 1 this potentially dangerous . situation.