INJURED BY MADMAN’S ATTACK

Sun (Auckland), Volume III, Issue 770, 17 September 1929, Page 1

INJURED BY MADMAN’S ATTACK

Victim Awarded Damages

BEATEN WITH PAIR OF SPURS HOW a madman furiously attacked and beat him into insensibility with a pair of spurs in the Paeroa Domain was described by Joseph Brenan, an elderly eoaehbuilder, to Mr. Justice Herdman, in the Supreme Court today.

r pHE victim of the affair, which occurred on November 26 last year, sued his assailant, Ivan Sokolic, a Netherton labourer, for £I,OOO damages and £6B for loss of wages and medical expenses. Brenan claimed that injuries had been inflicted to his head, ribs and chest, and that he had been incapacitated for nine weeks. Appearing on behalf of plaintiff, Mr. Finlay said that Sokolic had been certified as insane. The only amount of defendant’s estate available was £4SO, but under the Mental Defectives Act the department had the primary claim for the maintenance of defendant. Therefore, Brenan could only obtain what the court in equity and good conscience would allow. SEVERELY BEATEN Brenan, who is 68 years of age, said he had known Sokolic by sight in Paeroa for six years, but had never spoken to him. While going home through the Domain about 5.30 on the evening of November 26, he saw Sokolic standing about two chains away with a pair or spurs in his hand. He passed Sokolic, who then turned and struck him in the face with the i spurs, closing one eye. His assailant then got him on the ground and brought down the spurs repeatedly’ on witness’s head and started kicking him. Calling for help, witness managed to crawl through a fence, but as he was edging through a second fence

Sokolic jumped on liis back and began belabouring and kicking him . again. i Throwing off his assailant, witness told him to let up, if he did not want to kill him. Witness had three ribs broken,' which had all healed except one. He had been unable to work since the assault. Mr. Blomfield, who appeared for defendant in the capacity of guardian, said that the Public Trustee had asked for the court to deal with the disbursement of the whole estate. Under Section 100 of the Mental Defectives Act, the Public Trustee had the right of disposing of the whole estate or applying to the court for directions. Sokolic, counsel explained, was a young man, physically fit but for whom the medical superintendent considered there was very little chance of recovery from his mental affliction. Counsel suggested that the court should award £2OO damages out of the total assets of £4BO, which would leave sufficient for defendant’s maintenance. The judge awarded £2OO damages to plaintiff and made an order that | the balance should be retained by the j Public Trustee for the maintenance of Sokolic so long as lie remained in the institution. “There is no doubt that Brenan suffered serious injury at the hands of this lunatic, and it is doubtful whether a man of plaintiff’s age will ever recover properly,” added his Honour.