Resisting arrest and assault charge

Waimarino Bulletin, Volume 6, Issue 242, 10 May 1988, Page 10

Resisting arrest and assault charge

The following defended case was heard by Judge D. Lowe of Wanganui in the Ohakune District Court on Thursday 14 April. Police sergeant Neil Coker of Ohakune appeared for the prosecution. Piki Lois Pui, 25, solo parent of Raetihi, had earlier pleaded not guilty to one charge of resisting a police constable in the execution of his duty and to one charge of assaulting a police constable. Both charges arose out of an incident which was alleged to have occurred on 9/12/87 outside the Ruapehu Hotel in Seddon Street, Raetihi. The first prosecution witness was Ray Parr, licensee of the Ruapehu Hotel. He gave evidence that on the evening in question he asked two groups of people to leave the hotel as he could see a 'situation' developing just before closing time. There was an altercation between the two groups which continued to develop on the footpath outside the hotel so witness called the police.

While he was not aware of which group defendant had earlier been with he formed the impression that, once outside on the footpath, defendant was inviting the trouble. He therefore took defendant back into the hotel foyer in the hope that, by removing her from the street, she would not be able to incite both groups into further confrontation. However, "within seconds" defendant was out in the street again and continued her provocation, according to witness. It was at this point that the local constable John Robinson arrived and, after asking defendant to leave the scene, witness said that an attempt was made to arrest defendant when she refused. While he was not exactly clear as to what happened afterwards "because I was being kept busy by a kung-fu lady", witness said that he saw Constable Robinson attacked by defendant' s friends in the middle of Seddon Street. The second prosecution witness to testify was police constable John Robinson of Raetihi. He said he received a

call from the previous witness, Mr Ray Parr, at about 10pm on the night of 9/12/ 87 to a disturbance in Seddon Street outside the Ruapehu Hotel. When he arrived at the scene he saw about 20-30 people present in what appeared to be two groups. He spoke first with Ray Parr and then with the defendant who immediately became abusive and aggressive. According to witness defendant used obscene language towards a group of males who then threw a bottle at her. When he asked defendant to leave the scene because he thought she was inciting trouble she refused and punched witness in the chest and then in his face. Witness then told defendant she was under arrest and he started to lead her across the road to the police vehicle parked on the opposite side from the hotel. According to witness defendant was struggling and yelling and she bit his hand. When another group approached and pulled defendant away, witness said that he felt it was unreason-

able to fully effect the arrest and he went to the Waimarino Hospital to have the bite wound treated. Defence counsel Mr D.G. Harvey suggested to witness under cross examination that defendant' s struggling, yelling and biting may have been caused by witness holding defendant round the neck thereby causing her difficulty in breathing. Witness replied that this was not his opinion about the cause of defendant' s behaviour but agreed, under further questioning by defence counsel, that this possible explanation could not be ruled out. In his summing up Judge Lowe commended the actions of police constable John Robinson. "It is very praiseworthy

that the township's only constable shouldunhesitatingly go about his duties among 20-30 people causing trouble outside a pub at closing time." Judge Lowe acknowledged there might have been some truth in defendant 's claim that she had struggled, yelled and bitten the arresting officer's hand because she was unable to breathe and for that reason there was a sufficient element of doubt in sustaining a 'resisting' charge. However on the assault charge he found the defendant guilty. She was convicted and remanded to appear in the Ohakune District Court on May 12 for a probation officer's report and sentence. She was ordered to pay $32 witness expenses.