Raetihi assault not in self defence

Waimarino Bulletin, Volume 5, Issue 10, 4 August 1987, Page 6

Raetihi assault not in self defence

In a defended case Unwin in the Ohakui Thursday, Adam Denn gardener of Raetihi, assaulting Terry James or about 14 March. Police Sergeant Neil Coker appeared for the prosecution and Mr D.G. Harvey was counsel for the defence. The first prosecution witness was Miss Colette Rogers of Raetihi. She described to the Court how she had been running along Ballance Street in Raetihi late at night and in an upset condition after a row with her boyfriend, Terry Martin.

heard by Judge E.W. le District Court last is Perkins, 19, market was found guilty of : Martin of Raetihi on When a car pulled up alongside her she recognised one of the occupants as Adam Perkins (a former boyfriend) who asked her: "What was the matter?" When she told him that she'd just had an argument with Terry this seemed to make defendant "pretty wild". According to witness he had said: "We'll go up and sort him out" but she tried to dissuade him. However defendant did go up to the complainant's house while witness stayed in the car with the ownerdriver, Mr David McDonnell of Wanganui. When defendant retumed to the car some 10 minutes later he was accompanied by Terry Martin who had blood on his face and when she later went to her mother's place she was told that Terry had had to go to hospital to have his face stitched. Under cross-examination she denied telling the defendant that Terry had threatened to kill her. The second prosecution witness was the complainant, Terry James Martin. He told the Court that, after having a "bit of a tiff" with the previous witness, she had left the house and he had gone to bed. He had been in bed about 15 minutes when there was a knock on the door and, on opening it, he was confronted by the defendant who accused him of hitting Colette. He said that when defendant invited him to "step outside to fight", he attempted to close the door

but was unable to do so because it was blocked by defendant. Witness said he was then struck on the left cheek by defendant but didn't realise at the time how serious the injury was. Because he wanted to get rid of the defendant "who was being a bit of a nuisance", he agreed to accompany him back to the car where he apologised to Colette for upsetting her earlier. It was only when he got back to the house and cleaned up his face that he realised the injury would require stitches. At the Waimarino Hospital a duty nurse taped up the wound and advised him to see a doctor. But the Waimarino's only doctor at that time, Dr Perera of Ohakune, was not available so he decided to wait until next day when he went to Waiouru and had three stitches inserted. He then went to the police and laid a complaint of assault. Under cross examination he denied that he had struggled with the defendant at any time ... "in fact I invited him to hit me again if it would make him feel any better," he said. The third prosecution witness was Constable Trevor Pullen, formerly of Raetihi, now of Fairlie in South Canterbury. He said that defendant had called into the Raetihi police station on Monday 16 March at the request of police to discuss an incident which had occurred the previous Saturday night. He took a statement from the defendant. While being interviewed he noticed defendant had a bruised finger on his right hand. He told the Court that defendant had said: "I don't

know why but I sort of hit out at him ... I may have had too much to drink. I must have hit him too hard or something." Asked under cross-exami-nation if he'd been on duty over the weekend between the alleged incident and the interview with defendant, constable Pullen said, amid laughter in the Court, "I was always on duty in Raetihi!" He denied that at the time of the interview the defendant had mentioned any sort of 'scuffle' with the complainant. The defence called one witness, Mr David McDonnell of Wanganui. He said he had been the driver of the car which stopped in Ballance Street when the first witness Miss Rogers Was seen running along in a distressed condition. He told Court that Miss Rogers had said: "Terry's going to kill me." He stayed in the car with Miss Rogers when defendant, who had been a passenger in his car, went up to the complainant's house. The defendant was not called by the defence to give evidence on his own behalf. In his summing up Judge Unwin explained that for a charge of assault to be sustained the prosecution must prove beyond doubt that there had been an intentional application of force and the only mitigating factor was that there may have been an element of self defence. However in this case there clearly was an intentional application of force without any evidence of self defence. As the result of the assault defendant had caused a permanent injury (a facial scar) to another person. Defendant was convicted and fined $500, court costs $55 and ordered to pay witness expenses of $82. Half of the fine was to be paid to the complainant.