CHARGE OF ASSAULT

Otago Daily Times, Issue 24415, 28 September 1940, Page 8

CHARGE OF ASSAULT

SEAMAN BEFORE COURT ILL-TREATMENT ALLEGED MAGISTRATE UPHOLDS POLICE “There is no corroboration of the accused’s statement that he was assaulted either in the cell or in the watchhouse,” commented the magistrate (Mr H. W. Bundle) at the conclusion of the hearing of a case in the City Police Court yesterday, in the course of which it was alleged that the defendant, Luke Charles Lonergan, a seaman, who a week previously had been charged with assaulting the police, had been roughly handled at the Police Station. When the charge originally came before the court, Mr C. J. L. White, who appeared for the accused, applied for an adjournment, stating that he desired to investigate allegations by his client that he had been badly treated. Lonergan, it was discovered, had a broken nose, a severe cut over the right eyebrow, and an injury to the leg. and the evidence of Sergeant King, who arrested him, went to show that his injuries had been caused by his colliding with a bowser pump. Evidence called yesterday disclosed that the accused had been ejected from the Law Courts Hotel by the sergeant, who, after he had turned away, received a severe blow on the mouth. The accused then made off into Cumberland street, where he was caught by the sergeant, and in the struggle that ensued he struck his head against the metal base of the bowser. No Support for Allegations Sergeant Johnsen said that when the case came before the court a week previously Mr White made remai’ks, principally by innuendo, which inferred that Lonergan had been badly treated after his arrest .by a member or members of the Police Force. I am pleased to say,” Sergeant Johnsen continued, “that no evidence is forthcoming to support these allegations, for the police authorities take a very senous view of any officer ill-treating a prisoner.” The sergeant went on to say that the accused made no complaint, either to the P 1 ’ ls s n v , nr to himself, that he had keen illtreated. He had, indeed, intimated that he intended to plead guilty, and expressed regret for Ids conduct His assault on Sergeant Kina was not only unprovoked, but cowardly. Dr Porteous gave evidence of the iniuries suffered by Lonergan, and said that, while they might Possibly have been caused by a h-t. w t s Q j m( v,if probable that . the accused had hit against something harder. , “A Dirty Blow” Alexander Strachan Stewart, licensee of the Law Courts Hotel, gave evidence of having called Sergeant King to assist him in ejecting Lonergan from the hotel, and went on to tell how, after the sergeant had turned to enter the hotel again, the accused had rushed at him from behind and him a violent blow on the mouth. it was one of the dirtiest blows I have evei seen.” witness declared, “ and the sergeant got full value. While the struggle was going on at th,e bowser, witness heard someone say, Ive naa by Mr White. Sergeant King, who gave his evidence at the original hearing, said that when he tackled the accused in Cumberland street, the latter ran headlong into the bowser and struck the iron standard of it heavily. On arriving at the watchhouse, he struggled so violently that he had to be thrown to the floor. Witness did not punch him, but it was quite possible that in the struggle and the collision with the bowser he had received injuries. Mr White: I suggest that you lost your temper. Witness: I did not, but I was badly provoked, and I certainly felt inclined to lose it. Sergeant T. Johnsen supported Sergeant King’s evidence regarding what happened at the bowser. A Lapse of Memory The position, Mr White said, was that on the day concerned Lonergan had had too much liquor and was in a nasty mood. As Sergeant King was in plain clothes, he had not the slightest knowledge that he was a police officer, otherwise he would not have struck him. The accused’s version of what occurred at the watchhouse was that Sergeant King, after putting an arm round his head, threw him on to the floor and punched him.. About an hour and ahalf later, in the cell, Sergeant King came to him and again punched him. Under cross-examination by Sergeant Johnsen, Lonergan said he did not coniplain of the treatment he had received because he was afraid he would get some more. Pressed by Sergeant Johnsen. however, he said he was not too clear as to what had occurred; and could not remember exactly what had happened. Admitted to Probation After Sergeant Johnsen had informed the court that the accused had previously been convicted of assault, the magistrate said it was only proper that Lonergan should have been called to give evidence. “ There is. however." his Worhip remarked, “no corroboration of his statement that he was assaulted, either in the watchhouse or in the cell. All the body of evidence, indeed, supports the evidence of Sergeant King and the other police witnesses. I find that the injuries the accused received—and justly—were received in Cumberland street when he collided with a bowser pump, and I am quite unable to hold that there is any justification whatever for holding that he was assaulted." His Worship added that had the hocused not already suffered severe physical punishment he would have been sentenced to a lengthy term of imprisonment. In the circumstances, however, he would be convicted and admitted to probation for 12 months, a condition being that he refunded the amount of the damage dene to the sergeant’s teeth and clothes (£5 11s) as directed by the probation officer.