Constable assaulted in custody dispute

Press, 22 June 1989, Page 34

Constable assaulted in custody dispute

A man who arrived home in an “agitated and excited” state, after two senior constables had called with court guardianship papers to take away his twin daughters, was convicted of three offences arising from the incident. After a defended hearing in the District Court yesterday, Judge Holderness found Robert Clive Mould, aged 49, a solo father, guilty of charges of unlawfully carrying a .22 calibre lever-action rifle, and intentionally obstructing and assaulting Constable Graham Brown. Mould was ordered to come up for sentence within six months if called upon.

An application by the police for forfeiture of the rifle was declined by the Judge. He said the constables had achieved their intention of keeping the rifle while Mould was in an excited state. Forfeiture of the rifle had been opposed by defence counsel, Mr Nigel Dunlop, who said Mould was a first offender. These prosecutions were the culmination of a longstanding custody and access dispute over the children, between Mould and his estranged wife.

Throughout these, Mould had not breached the law. Sergeant Pat Creasey prosecuted. The senior constables, Graham Brown and Anthony Monk, gave evidence of going to Mould’s house on May 12, with a warrant signed by a Judge under provisions of the Guardianship Act, to pick up the two children and take them to their mother. A relative of Mould’s, who was minding the children, telephoned Mould and the constables waited for his arrival. He returned home agitated and excited, said they were not taking his children, and was shown the warrant.

He then rushed past them to a bedroom, saying he was going to Kaiapoi “to fix it my way.” He was followed and seen holding a rifle. A “tug-of-war” then took place over the rifle, until he acceded to a request to put it down.

After they left the room a constable said he would retrieve the rifle but Mould shut the door and stood in front of it. He twice pushed Constable Brown away as he tried to enter the room.

Mould calmed down after eventually accompanying the officers to the police car.

Mould said in evidence he arrived home annoyed, but not agitated. He had gone into his bedroom to collect items he needed to take to where he was working that day. The constables followed him and one asked him what the object was against a wall. He picked it up, showing them it was his rifle. He then suggested to them that they travel to Kaiapoi and sort the matter out once and for all.

He denied that any obstruction or pushing of Constable Brown occurred.

Finding the charges proved, the Judge said the result was not serious, and no injury resulted. He said that having regard to the background to the case, feelings obviously were running high. There was a history of disputes between Mould and his estranged wife over the children. He told Mould, however, that the police had a difficult enough job in cases of this nature. He had made the constables’ jobs far more difficult because of his actions.