FLAVELL GOT HIS SHARE

NZ Truth, Issue 1190, 20 September 1928, Page 4

FLAVELL GOT HIS SHARE

After Policeman Explained How Finger Was Broken (From "N.Z. Truth's" Special Christchurch Representative.) Police methods came under a legal barrage m the Magistrate's Court last Week, when Lawyer F. D. Sargent endeavored to throw a little light on the departmental policy m laying charges against offenders. The unusual procedure failed to stay a fine for an assault m which a police officer had a finger broken.

THE case concerned a man named 1 Major Flavell, a foreman, of .465 Wilson's Road, who was charged with. drunkenness and assault. Flavell, it was said, was m a party comprising a number of men and one woman,. at the corner of Mobrhouse Avenue and Madras Street. ' The woman was' under arrest for drunkenness, and all the men, excepting Flavell, quietly dispersed at the constable's order. Flavell persisted m maintaining his rights as a ratepayer to a fair share of the footpath so he was 'placed under arrest and during a short scuffle with Sergeant F. C. Harrison, the latter suffered a broken finger. It was alleged .that Flavell twisted the. sergeant's hand, resulting m the ■breaking of the digit. Under cross-examination Sergeant Harrison admitted that on the night of his arrest Flavell was charged only with . drunkenness. ' , Lawyer Sargent: .And if you had not found that your finger was broken nothing would have been heard of this charge of assault ?-r-Frobably riot. Why was Flavell not charged at first with this assault?— l don't know. It is none of my business. Would you be surprised to know that Flavell has a relative m the police force who' saw him~~half ah hour after his arrest and declared: that he was not <lrunk?— l would be much surprised. , ; . Lawyer Sargent made much of the point that the police officials had not. seen fit to charge Flavell m the first

instance with assault, and had later suffered him the indignity of arrest at his place of employment and before all his fellow workers when he could have been brought up on summons. ■ . Counsel, also stressed the point that Flavell's relative m the force had declared him sober. Sub-inspector Pitzpatrick: "Well, bring him along." Lawyer Sargent: "If you carry it too far I will." Sub-inspector: "I only wish you would." Any further attempt to adopt the unusual procedure of calling a policeman to give evidence against the Crown was prevented by Magistrate Mosley, who warned counsel that he should not refer m his address to anyone ■whom he could not put into the box. Flaveil, m defence of the charges brought against him, denied that he was drunk, and said that the sergeant had stuck his knee into his (defendant's), back twice and then handed him over to a constable who screwed his arm on the way to the station. When m the lock-up he asked to see a doctor, but got no satisfaction so he asked to see his relative, Beecroft; who was working on the station. It- was learned m cross-examination that Flaveil had a good few drinks during the day, and after watching the merry-go-rounds m Moorhousc Avenue he met a friend m the Avenue and .shared with him a bottle of beer. The story ' failed to convince the magistrate who imposed fines total - I ling, with expenses/ £8/14/6.