ASSAULT ALLEGED

Evening Post, Volume CXXVI, Issue 132, 1 December 1938, Page 11

ASSAULT ALLEGED

SERVICEMEN'S RIGHTS

CUTTING OFF AT THE METER

The extent of the powers granted to an electricity serviceman was argued in the Magistrate's Court today, before Mr. J. L. Stout, S.M., during the hearing of a case of assault brought against Grace Daphne King, a married woman. The defendant's appearance in court was the sequel to incidents which occurred on November 2 when a serviceman called at her premises to cut off the electric powef.

Mr. A. R. Cooper prosecuted, and Mr. R. Hardie Boys appeared for the defendant, who pleaded not guilty to assaulting Dudley Tate.

"This- charge arises ou£ of the fact hat.the defendant was in-arrears with >art of her electric' light account, and he .department sent a serviceman up o request payment of the outstanding iccount,. with instructions, if she did tot pay, to cut off the electricity," said ifc Cooper. "Mrs. King did not pay, md when the man went to cut off the upply at the meter she rushed at him md hit him, and knocked him. oft: the able.so.that he overbalanced1 ! against he wall." ' <' .

. Dudley Tate, serviceman; said that he' went, with another serviceman, Brackley, to' inte^/iew Mrs. King. Brackley remained outside in the car, and he Saw Mrs. King and told her that the outstanding account was about £3, and that he had instructions that if he could not collect £2 he was to cut off the supply. Mrs. King asked him for discount, and he said that he had no authority to grant, it, and that the office was. the place where discount could be granted. Mrs. King went out and saw Brackley, and then came back. Witness again said that he would have to collect at least £2' or cut off the supply, and the defendant still refused to pay. Brackley brought in his bag of tools, and witness went to the switchboard; but he could not reach it from the floor, arid had t6 kneel on a small table. He was just about to cut off the supply when he was knocked flying off the table. He was knocked on the ear by Mrs.; King's fist, and fell against the wall. He had to put his hands up t6 ward off the blows. Brackley then said that they would have to cut off the supply from outside. This was later done. He did not at any time strike Mrs. King, said witness.

To Mr. Boys witness said he saw no materials on the table on to which he climbed. Mrs." King did not protest against his clambering iipl She had said'she would send a girl down the street to ringjup. Mr. Boys: TTor what reason did she not avail "herself of the opportunity of going next door or along, the street to ring up. the office?— The position was that she informed me she did not like my manner. Witness added that he had been in the department for eight years, and on that work for at least three years. He denied that he brushed the defendant aside and proceeded to clamber on the table. Mrs. King had complained to the office by the time he got back, he said. Discount Was allowed at certain times, at the discretion of the department. y/ ' ' ■'./':'':-'••■

He cbuldsee everything going on inside the shop, said Montague Alfred Holmes' Brackley, the: other serviceman. Mrs: King came out and asked him if he would grant discount, and. he said" it was not in his power. She went back inside, arid he-saw that there was an argument going' on. He took the bag of tools in. When he got inside he heard Tate tell the defendent that unless £2 was paid he would have toy disconnect the lighting, and she refused to pay unless discount was allowed. Witness gave Tate the bag, and he went to get on the table. The next thing he knew, Mrs./ King went for,Tate with her fists and pummelled him. Tate was flabbergasted. '-Witness started towards the switchboard and the defendant stood in front of him, and witness remarked, "Colrie on, Mr. Tate, we will have to get out of here." The power was disconnected outside. Tate did not at any time push past or hit Mrs. King. He was not short in his manner.

"As far as you are concerned, Mr. Brackley, you considered this as a humorous incident?" inquired Mr. Boys. Witness said that he did up to a point. There was nothing of any consequence that he could see on the table. When Tate was about to; disconnect the power, Mrs. King said "Stop, you are not:going,to. do that."

"This case involves the rights of the City Council servicemen m respect of their right of-entry and. what they do within private, houses,", said Mr. Boys, who referred to. the provisions of the Municipal ' Corporations Act. The only right of entry given under that Act, he. submitted, was the right of entry to examine the fittings and meter, and no power was provided under the Act to enter premises to cut off the supply. The power was given, if "obstructed, to cut off the supply and ; prevent it entering the house, say from any power-line. He submitted thaty although the man mayhave been lawfully on the premises to collect the account, he became unlawfully there when, in the face of the refusal of Mrs. King, he attempted by force to cut off the supply in the house. This was. even so when it was considered that the Council had a connection outside the house. .

Mr. Cooper submitted that the evidence did not show that Tate did, by force, attempt to cut off the supply. Tate was there on his lawful business, and it was perfectly lawful for him to cut off the supply anywhere in the house or outside. Nothing was said to him until he got on the table, and then it was more than a matter of words.

The Magistrate indicated that he would, at this juncture, dismiss the case as trivial. If the Corporation could cut the power off outside the house if there was a dispute about cutting it off at the switchboard, they Should cut it off outside, he said.

Mr. Cooper added that if the power were cut Off at the switchboard, it could be restored more quickly than if. it were cut off outside.