FINED FOR ASSAULT

Chronicle (Levin), 8 April 1949, Page 5

FINED FOR ASSAULT

Press Association )

Sequel To Incidents At Hunterville

(Per .

WANGANUI,. April 7. " In the Magistrate 's Court toda^, John Morris Pointon, a police constable stationed at Hunterville, was convictecl by Mr. J. H. Salmon, S.M., of assault md fined £5. e l3oint'on had pleaded not' gnilty to assanlting Jathes Leslie Darcy Martin, a saddler, of Taiha^ej at Hunterville, oh the night of December 28. Mr. N. R. Rain, Crown solicitoi- at Wanganui, ap-peai-ed for thfe policBj Und Mh J; Meltzer, of Wellington, for Pointon. ^ Convicting Pointon, the J Magistrate said there was strong corroborative eviienee that Martin niust have received certain injuries on the night in questiOn and that he received thoSe injuries when in Pointon 's company. 'fhe nest queStion waS one of penalty and the Magistrate thought that could be met" by a fine. The expenses, however, were considerable and this would ue taken into consideration. He ordered Pointon to pay the Crown soiicitor's t'ees and witnesses' expenses. Mr. S'allnon said he had listened to the avidence very earefully and he reaiised that a convietion in such a case could hdve farreaching eonsequences. The reputation of the police' force Was lugh and if one niember should lapse it was in the interests of the police and public that the whole matter should be mvfestigated. The court must approacli the case in thfe saihe way as in any other and before convicting be satislied ueyond doubt that there had been an unprovoked assault. The case did not rest on the evidence of Martin and Pointon alone. There was the evidence of other witnesses and Mr. E. R. Griffin, ti rabbit inspector . employed by the Hunterville Rabbit Board, with whon. Martin was staying, had impressed him as an honest vvitness. Griffin Aad .de scribed Martin 's condition on the nighi of December '28 and Mrs. Griffin harl given corroborative evidence regarding Martin 's ciothing. Strong corroborative evidence had been given also by other witnesses who saw Martin sitting iii Griffin 's car next morning. Eleven witnesses were heard when the case opened 10 days ago. Evidence For Defence. The accused, in evidence, said he had spoken to Martin to make an- appointment to interview him and asked him about his injuries. Martin said he had .•eceived injuries on the right side ot the face and pointed out a double scar near the right eye. There was a distinct discolouratiolr under the right eye. Witness and Martin then went tc ihe police station where Martin sat on a chair in the centre of the room. Witness sat at a desk. about six feet away. Witness did not ask Martin to empty his pockets but Martin took tobacco. ■igarettes and matches from a pocket and put then on the desk. Martin smoked practically the whole time and threw butts on the floor. Martin wa> a little hesitant in* answering questions. witness continued. He related Whai happened on the night. of the accident and witness took it down on a typewriter. ' ' Martin, then read the statement very slowly in a low voice with ialling inflections and made an alteration in the second line," witness said. Mr. Meltzer: You heard Martin say he did not think the signature onrthe stateinent was his?- — Yes Did you see him sign it? — Yes. Was there any refusal? — No. Vou heard Martin say he refused to sign it? — That was not true. He said you a,slted him to sign it without being nble to read it through, [s that true? — No. Witqess |hen denied that. he jumped ap Und ^Tt' Marfin on bf Idge: ot the nose. Mr. Meltzer: What service have you had in the police force? — Twenty years, mostly in Wellington on piain clothes Lnquiry work. Before this there had been no complaint- about the way he carried out his work, witness continued. As far as he knew he had a good police record and had had several rewards in connection With licensihg cases. Witness said Martin remained sitting while he signed the statement which was on the desk. Witness denied hitting Martin aboui the h'ead or that he laid hands on him at all. There was no reason to do that. Martin said as he signed the statement: "Hhe's right." He asked how he should sign* the statement and when he signed it he asked what the time was. Lt was then ten to ten» by the office clock. Witness said that while he was getting the statement Martin was rubbing Ut the cuts on the side of his face. The door of the police station which faced the street, was open at the time and a window facing a dwelling was also open. Martin asked for a drink oi" water and witness took him to the bath*00111 of the house and also allowed Martin to wash his hands. Witness then took Martin to the scene of the accident as Martin was uncertain Which bridge he had struck. That would be routine practiee. After inspecting thc bridge witness drove Martin liottie. Martin got out of the car and shook witness by the hand. Oross-examined by Mr. Bain, accused said that he heard Martin was in the hotel. Mr. Bain: Yo'u have heard estimates from varions Witnesses as to the num ber of drinks you had and you deny all that and say you had two?— Yes. Did you at any stage that night put your hand on Martin? — No. Do you swear that? — Yes. You have heard Martin and other

witnesses speak as to his condition oh the morning of December 29. Is there any reason why they should come intcl court and say these things? ( Accused replied that twhen he-: saw Martin on the night of December 25, : he still bore sig'ns of the accident but he did not iook any, diiferent next; tnorning. ' Mr. Bain: You see what it come? down to. Either one side or the other is not telling the truth. Accused: I have no reason to tell an untrutli. : , . .■ Mr. Bain:'.' Can you suggest any reason why they should? Accused: No, Uiiless it is for some burpose I am not aware of.Mr. Bain: You have heard fhe evidence given by these mbn and yohr evidence is a complete denial? — Yes. Joyce Marjorie Whitty, a marrfetl woman, of Hunterville, said tfyat she and her busband kept a restaurant. She knew Martin and saw him in the .eariy hours of December 25. She described his injuries at that time and said she saw him again on the morning of December 29 w-hen he was weaving n blhe ihirt and grey trousers. He had some marks on his face as on the night Of the accident.