Charge countered

Press, 9 February 1989, Page 20

Charge countered

A man accused of assaulting an off-duty policeman made counterallegations of an unprovoked attach, putting him in hospital, in the District Court yesterday. Before the court was David Glen Cotton, aged 27, a sickness beneficiary, charged with assaulting David John Reid on August 14 last. Mr John Sandston, for the Crown, said that Cotton and an associate entered the R.S.A. Hall at New Brighton when a private 21st birthday party was in progress. They were asked to leave and did so. The complainant, an off-duty constable attending the party, followed them out to ensure there was no trouble, but Cotton hit him with a half-full whisky bottle, cutting his lip. Cotton (Mr Howard Dawson) said in evidence, however, that it had been an unprovoked attack by Constable Reid and others. He was beaten unconscious, and woke the next afternoon in Princess Margaret Hospital. The case, before Judge Fraser and a jury of eight women and four meq, will continue today. Constable Reid said in evidence that Cotton, carrying a bottle, and an associate, entered the hall and were asked to leave. They did, but slammed the door after them.

He followed to ensure there was no further trouble. Constable Reid said that when he followed the pair outside Cotton rushed at him screaming, with a bottle held above his head. He turned and ducked inside the blow, the bottle hitting him in the mouth then smashing on the ground behind him. They wrestled until Cotton was felled by two elbow blows to the head. Constable Reid said Cotton then went into a convulsive fit, so he put him in the recovery position, bracing him with his foot or shin. An “hysterical woman” tried to intervene, putting Cotton on his back, he said. Meanwhile, another offduty constable attending the party had dealt with Cotton’s associate. Constable Reid said that he considered he was properly using police powers to subdue Cotton. Cross-examined, he denied kicking Cotton, and said that he would have hit his head while having the fit. Clay Robert Penrose, a police constable, said that he was on patrol and was called to the hall where he saw Cotton on the ground, and, on information from Constable Reid, arrested Cotton. He was approached by a woman who said Cotton had stopped breathing, so

he called an ambulance, but later cancelled it > when it seemed he was calm, although unconscious. Cotton was taken by patrol car to the police station, then by ambu-;; lance to hospital. Cotton said in evidence that he and Greg Maunsell. had gone to the hall, / but left immediately after being asked to go. Outside, however, they; turned when someone yelled at them, and Constable Reid then attacked, i, "Before I knew what; was going on I was over a fence and being hit and" kicked repeatedly.” He denied wrestling with Constable Reid, saying he was a sickness beneficiary with no strength in one arm, after an injury two years ago. He said that he was'hit 20 to 30 times, by three or four people, and denied hitting Constable Reid. Another defence witness, Adam Lesley Rang!aho, a waiter, said that he was at the party after being invited by a friend of a friend. It was Cotton’s friend who was carrying a bottle when they walked into the hall, he said. He saw Cotton being kicked and punched "lots”, of times. The case is expected to end today.