Dobbyn: Finally Cleared

Rip It Up, Issue 96, 1 July 1985, Page 34

Dobbyn: Finally Cleared

Mark Everton

Dave Dobbyn has returned to Sydney cleared of charges laid in connection with the Queen St riot in December last year. One charge of using insulting language was dismissed early in the trial but the case continued on a charge of offensive behaviour likely, in the circumstances, to provoke violence to start or continue. In effect, as Eyewitness News reported on the night of his acquittal, Dave Dobbyn was accused of starting the Queen St riot.

The police case was based on statements the musician allegedly made from the Aotea Square stage when he saw police in riot gear moving into position at the back of the crowd. The prosecution contended that his motives for making the remarks were irrelevant because the response from a significant part of the crowd was to turn on the police. In his evidence Dobbyn said his comments were made in the heat of the moment when, faced with a potentially explosive situation, he tried to hold the crowd together. He stated that had the police held back and, most importantly, not stopped the concert, the music would have been enough to keep things peaceful. The case was heard over two days in the Auckland District Court before Judge Michael Brown. Both sides called witnesses who attended the concert but their reports of what Dobbyn said were all different. A tape on which a Rip It Up article on the riot was based was ruled inadmissable because the person who made the original recording was out of the country and therefore unable to testify to its authenticity. The second part of the trial included a series of character witnesses for Dobbyn, all stressing his talent and commitment to his craft and his pacifist nature.

On the third day Judge Brown took one hour to deliver his verdict. As he went intricately through the evidence, he dropped no clues as to what he'd decided. Dobbyn sat tensely with his lawyers; the public gallery was packed with friends and colleagues all looking just as concerned. Many of the points the

judge made sounded very similar to the findings reached by the commission of inquiry into the riot. He mentioned New Zealanders’ immaturity with alcohol and drugs and "the violence smouldering in our arid urban communities." He accepted that a minority of the concertgoers were out to cause trouble right from the start and that confrontations with the police had started well before Dobbyn said anything.

However, he said he found the musician's remarks "ill-advised”. Faces in the courtroom tightened. He added the words had indeed distracted the crowd’s attention to the police. In summing up however, the judge said he’d had six months to consider Dobbyn’s comments, the musician had just a few seconds. He recommended that in future Dobbyn watch his mouth on stage, but his comments on this occasion were not sufficient in content or intent to justify a conviction on such a serious charge. Spontaneous applause broke out. Everyone who’d been stunned the charges were brought in the first place now realised how close Dave Dobbyn had come to achieving scapegoat status. Outside the court, Dobbyn paid tribute to the support of family and friends, saying “I'll stick my neck out for anyone after this lot." Later it was revealed the case cost the musician at least $12,000 in legal fees and travel expenses, not to mention loss of earnings. Since the riot Dobbyn and DD Smash have suffered a smeared reputation which affected crowd numbers during the nationwide tour in March. Fortunately, Dave feel no bitterness towards this country over the case. He says he still loves New Zealand and will be back. He's one person who has done so much for New Zealand music and has the potential to become one of our most important ambassadors, of any sort, overseas. Despite the final outcome of the case, it's been a very sorry episode. The sad fact is, it couldn’t have happened to a nicer guy.