Jury clears two men of injuring charge

Press, 9 November 1988, Page 28

Jury clears two men of injuring charge

A jury in the District Court yesterday found two men not guilty of alternative charges of injuring and assaulting another man near McDonald’s restaurant on the evening of April 8. The defendants, Zane Warwick Gibson, aged 17, unemployed (Mr P. B. McMenamin) and Karl Haywood, aged 17, a labourer (Mr A. N. D. Garrett) had denied the joint charges of injuring Mark William O’Brien with intent, and of assaulting him. Upon the jury’s verdicts of not guilty on all charges, reached after a retirement of nearly four hours, Judge Erber discharged the defendants. The trial lasted a day and a half. Mr R. E. Neave appeared for the Crown. Prosecution evidence was given that Mr O’Brien was a passenger in a car which was being driven to

the drive-in counter at McDonald’s restaurant at Linwood, on the evening of April 8. He made a remark to a group of young people, including the two defendants. On the way out, as the car passed near the group again, it was spat on. Mr O’Brien got out of the car to give one of the group a good telling off. Haywood then pulled off his studded belt and Mr O’Brien threw a punch. The belt hit him on the head. Gibson also hit him with a studded belt. Several blows were struck with the belts. Another man, with a knife, attacked him and he pinned this man to the bonnet of the car, trying to take the knife off him. He was then hit on his head with a belt, let go of the man with the knife

and was stabbed. Mr O’Brien said neither defendant had the knife. He said he did not use any weapons in the fight. He said he could not remember what remark he made to the group. He suffered small cuts over his body from the blows with the studded belts. Mr McMenamin called one defence witness for Gibson. Mr Garrett, for Haywood, called no defence evidence. In their final defence addresses, both defence counsel submitted to jurors that the defendants had acted in self-defence. Mr McMenamin said the incident began with Mr O’Brien’s provocative and offensive remark to the group. Mr Garrett submitted that Mr O’Brien had been the aggressor. He said the case against Haywood was painfully thin.