ALLEGED ASSAULT BY POLICE CONSTABLE AT WELLINGTON

Wanganui Chronicle, 29 March 1949, Page 5

ALLEGED ASSAULT BY POLICE CONSTABLE AT WELLINGTON

WELLINGTON, Last Night (P.A.) Allegations that he was assaulted by a constable were made in the Magistrate's Court by Charles Wilfred Duncan, aged 50, tohacconiat, who pleaded not guilty to a charge of being intoxicated while in charge ot a car on March 2. "Possibly the constable acted overzealously and without sufficient cause and could have accepted the man’s explanation,” said Mr. McLachlan, S.M., in dismissing the charge against Duncan. Mr. A. J. Mazengarb, who appeared for the defence, said he had been informed that a police inquiry would be held. Constable P. B. Kyne gave evidence that he noticed accused swaying backwards and forwards behind the steering wheel of a car parked outside a hotel, and because of what he subsequently saw, arrested him. He found it impossible to reason with accused, who seemed to have "lost his head ’’ Me Mazengarb asked: “Do you deny you hit him on the jaw?" “It's untrue, ’ said Constable Kyne. Mr Mazengarb stated that Dr. Ongley, in his report, had said that there was a tender swelling on the side of the jaw. Counsel read from the report: "Lacerations and deep scratches on the left wrist, bruises on the left forearm." Witness said in reply to Mr Mazengarb that he could not account for the injuries. He did not strike accused in the loins and chest while alone with him in the corridor outside the cells. He could not account for the police doctors saying that accused was Suffering from something that was not intoxication. Senior-Sergeant Conway gave evidence that his impression when Duncan was brought in was that he was drunk. In reply to a question from Sub-In-spector E. Thomas, who prosecuted, witness said it was the usual practice to take prisoners into the corridor by the ceils on arrival. It may have been a minute before Duncan was brought back from the cell block. When he questioned Duncan, witness proceeded, he said he felt dizzy and so went out to the car with his friend. No complaint was made about an assault, said Senior-Sergeant Conway, but he heard Duncan say “you shouldn't, have hit me" to Constable Kyne.

Duncan gave evidence that he suffered from chronic bronchitis When accosted by the constable he had said. “Don’t be silly. I'm a sick man. I can’t go with you.” The constable, he alleged, struck him to the ground. The constable hauled him up by the neck and "swept him along the street like a tram.” Duncan also alleged that the constable struck him about the body In the corridor outside the cell block, saying that if Duncan was not drunk when arrested he would be punch drunk when charged. After hearing submissions by Mr. Mazengarb and Sub - Inspector Thomas, Mr. McLachlan said it was "rather amazing" that accused had not mentioned his injuries to the police doctor and had not had a doctor investigate them until the following Monday. He realised that accused was in a poo r state of health but "a lot of people who are very delicate still get in a very bad temper.” He added: "The injuries described could equally be from strenuously resisting the police.’’