Intimidation charge from night's drinking

Waimarino Bulletin, Volume 6, Issue 245, 8 June 1988, Page 12

Intimidation charge from night's drinking

Phillip Hanly Ellery, 27, market garden worker of Ohakune appeared in the Ohakune District Court May 24 to defend a charge of intention to intimidate a police officer in the Ohakune Public Bar February 23 1988.

The court heard how Taihape Police Sergeant Brett Jones entered the bar at about 10.30pm

on February 23 and saw defend ant Ellery and two other patrons in the bar. He said there was a discussion between the three female staff behind the bar and the patrons. The staff then asked the patrons to lcave. Sgt Jones said defendant had passed close to him and said: "Don't hassle my mates. Don't f mess with me or I'll put you on the carpet." The sergeant told the court he said "I'll remember that," and moved away from him, then a minute or so later the other patrons finished their drinks and went to leave the bar. Defendant Ellery said "Mess with me and I'll

put you on the carpet," then left the hotel, according to Sgt Jones. Sgt Coker asked Sgt Jones about any other discussion there was between him and the defendant. Sgt Jones said the defendant did say something but he didn't know what it was. He said he had not asked the patrons to leave the hotel. Counsel for the defence asked the sergeant did the defendant say "bugger off," or "clear off," to which he replied that he didn't hear him say that. "He may have said that in addition (to the utterances to which the charges relate)," said Sgt Jones. Soon after in the proceedings counsel called for the case to be dismissed as the police had failed to identify the defendant as the person involved in the incident. Judge Lowe said the

defendant had been identified in cross examination when asked how the summons had been served and the defence had acknowledged receipt of the summons. The defendant's counsel then called Mr Ellery to the stand and asked him if he had been drinking and t o describe his condition. He said he had been drinking and was pretty full at the time but "no I wasn't drunk." The defendant said he didn't know what he had said to the sergeant but knew he hadn't said anything to intimidate him. Under cross examination the defendant said he had been in the bar from around 9pm and had drunk about four quart bottles, which was not an unusual amount for him. Sgt Coker, representing the prosecution, asked him: "If you had

had four bottles your recollection wouldn't be too clear, correct?" "No, I can handle four bottles," said the defendant. The serving of the summons came into question during the hearing. The Court heard how the sergeant had called the defendant at the hotel ten days after the incident to meet and discuss the matter, which they did. The summons was served at the defendant's home a few days later. Defendant's counsel called for the charges to be dismissed as there was no evidcnce to support the charge of intent to intimidate. Counsel said it was plain that Sgt Jones was not intimidated by the defendant in the incident. Judge Lowe said the only argument was if there was intention to intimidate, and whether

the intimidation was successful or not didn't matter. Summing up Judge Lowe said it seemed likely that a person in uniform and on duty and thercfore had not been drinking would have a clearer recollection of events than a person who by his own estimates had drunk four bottles of beer. He said a person who had drunk that quantity of beer in such a short time would have a high blood alcohol level.

The sergeant had acted properly during the incident and had done well to defuse the situation, said the judge. He said the words spoken could only be intended to intimidate. Philip Ellery was found guilty of the charge and fined $200 plus $65 court costs. "Perhaps if you can cut your drinking you'd knock it (the fine) off in a short time," said Judge Lowe. Counsel: Mr P.Brown.