REFUSED TO GIVE NAME TO MAGISTRATE

Bay of Plenty Beacon, Volume 15, Issue 20, 12 April 1950, Page 5

REFUSED TO GIVE NAME TO MAGISTRATE

Asked by Mr E. L. Walton, S.M., in the Whakatane Magistrate’s Court if he would divulge the name of a third party alleged to have committed the offence Vincent Joseph Vitali, laundry proprietor, Whakatane, who was charged with wilful damage, refused. The case was dismissed after extensive evidence had been heard. The charge concerned the alleged throwing of stones at a group of pipers during a pipe band practice and for the breaking of a bach window.

Eric Stuart Mackay, said that on the night of January 16 he was having a pipe band practice in his backyard. The band was playing in a circle when two stones landed near him at about 8.30. The practice had to be stopped and the band then moved into a bach, which was used by his daughter as a bedroom. He found glass strewn ' over the floor and a rock near the foot of his daughter’s bed. Joseph Robert Kelly, civil servant, said he was taking part in the pipe band practice when he saw a dark shape against the sky, which fell towards the bach. One stone landed near a piper. He did not see who threw them. Constable E .D. Jones said that as a result of complaints he interviewed accused. He had asked him why he did not like pipe band music and accused had replied that he did not know what he was talking about, and had used some obscene language. He admitted throwing the stones and said he was sorry and that it would not happen again. He had offered to make a statement but after coming to the police station had demanded that the case be heard before a stipendiary magistrate. Vitali said in evidence he had been talking business inside his house and had not gone outside. A third party arrived and had told him that they would quieten the pipe band. They had gone outside and the pipes had stopped soon after. He denied throwing the stones. Roderick Alister McKenzie said the pipe band had started just after he had arrived at the home of accused to discuss drainage work Vitali wanted done. He was there from 8 p.m. to 9 p.m. and Vitali had not left his presence during that time. A third party arrived later and went outside for a few minutes. Mr Walton told Vitali that he did not doubt Constable Jones but it seemed quite obvious too the accused had not committed the offence. He dismissed the case.