SENTENCE REDUCED.

New Zealand Herald, Volume LXIII, Issue 19394, 31 July 1926, Page 12

SENTENCE REDUCED.

ASSAULT ON GAOL WARDER.' FINE INSTEAD OF PRISON. EVIDENCE OF PROVOCATION. " The case is not nearly as bad as was represented on Thursday," said Mr. J. W. Poynton, S.M., in the Police Court yesterday in reducing to a fine of £2 the sentence of seven days' imprisonment imposed on Paul Kokich, aged 37 (Mr. Leary), on a charge of assaulting. Francis Joseph Foy, a warder at the Mount Eden gaol. ' When the case was called, the magistrate said it had been decided to grant leave to the defence to call evidence in mitigation of the offence instead of going through the formality of a rehearing. Mr. Leary said ho had not time on Thursday to discover the full facts, but a mass of evidence had now come to hand showing the assault was not unpro' voked, but that it had been provoked in a most aggravated fashion. Accused, said Mr. Leary, had been visiting a bouse in a small alley-way leading oft Symonds Street. Together with a lady and a companion he was leaving the alley-way at about 11.50 p.m. when Foy went past. Foy looked at the girl up and down several times in an impudent fashion until she said " have a good look." Foy continued to stare and commenced walking along with the party. At length Kokich told him to go away, but he refused. Kokich then repeated the request, placing his hand on Foy's shoulder. The latter then used an insulting expression regarding the girl, which angered Kokich so that he struck Foy and knocked him on to the roadway. Foy followed the party across the road, and endeavoured to prevent accused from entering a taxi. Counsel said a scuffle ensued, but eventually, a friend arrived and took the girl home in a car. Kokich then commenced to run down Mount Eden Road, but he was tripped by Foy, and blows were exchanged. When a constable arrived accused was arrested. Foy accompanied him to the police station, and when asked by the constable what the trouble was about again used the objectionable expression. Accused and several witnesses gave evidence on the lines of counsel's statement. - " .... Foy, in evidence, said he heard a girl, scream when passing the alley-way. He glanced round but. did not stop. Accused rushed from the alley-way and asked vehemently what witness was looking at. He then struck witness without provocation. , • In reply to Mr. Leary, Foy said he had had three whiskies during the evening. Accused seemed to have had a good many drinks and was excited. The magistrate ordered that half the fine should be paid to Foy. Accused wag also ordered to pay-witnesses' expenses.