John Phillip WILSON

Assault Charge Against Constable Fails

A charge of unlawful assault brought against Constable Maurice George Adams of Dubbo Police, by John Perrln, 69, military pensioner, of Darling Street, was dismissed by Mr. R. A. Kersley, S.M., at Dubbo Police Court yesterday.

Perrin alleged that Constable Adams twisted his arm and tried to shove his face into the bottom of a police motorcycle sidecar when he was arrested on August 23 on an indecent language charge.

Perrin was fined £10 or ten days hard labor on this charge. On another count of using insulting words to Constable Adams and Constable John Wilson, he was fined £3 or six days.

Sergeant Russell Alfred Goggin, of Dubbo Police, said at 12.35 p.m. on August 23, he was at his home lying down when he heard Perrin, who lives near him, calling out in a loud voice about somebody having let a horse into his garden. Perrin swore in a loud voice from 12.35 p.m. until 12.55 p.m., when constables Adams and Wilson in response to a phone call, arrived in a motor cycle outfit and arrested him, the Sergeant added.

Constable Maurice George Adams said that, accompanied by Constable Wilson, he went to Perrin‘s house and heard him using offensive language in a loud voice, accusing the neighbors of letting a horse into his yard. He and Constable Wilson arrested Perrin and took him to the police station.

Perrin, cross-examining Constable Adams, asked, ‘Do you remember saying: ‘I will put the boot underneath you?” Adams: ‘No.’ “Or saying: ‘I will bash your wife across the face’ when you arrested me?’ Adams: “No. I did not say anything at all.” “When you got me into the motorcycle did you ram my head down into the bottom of it?’ Adams: “No.” Have you been a military policeman?” Adams: ” No.”

POLICE EVIDENCE

Evidence corroborating Constable Adam’s statements was given by Constable John Phillip Wilson, who said Perrin was swearing in a loud voice when they arrived at his house.

At the station, Perrin said he wished to charge Constable Adams with assault, Constable Wilson continued. At no stage had he heard Constable Adams utter threats towards Perrin or his wife, nor had be used undue force when arresting him.

Perrin told the court he had found the horse in his garden, and a neighbor had run across the street to Sergeant Goggin‘s house. Shortly after, two policemen arrived and said: ” We are investigating about a horse being in the garden.” He was standing on the back verandah, and one of the policemen said to him: ” I will put the boot underneath you.” When he was arrested his wife said: ” No don’t take him.” The policeman he said, replied: ” I will push your **** face in.”

Perrin denied having used indecent language. Perrin claimed that what he said in front of the Police Station was that he ” was being treated like two German Baths,” meaning that he was not receiving fair treatment. He said the words could have been mistaken for something else. The police advanced another version of his words.

WIFE’S EVIDENCE

Perrin‘s wife, Irene Maude Perrin, said she discussed the presence of the horse in the garden with her husband, but they used low voices which could not possibly be heard in the street. When the policemen arrived, she showed Constable Adams the garden. He came back and grabbed Perrin‘s arm, and said: ” You are coming with me. I’ll put the toe of my boot under you.” “He then twisted my husband’s arm up behind his back,’ Mrs. Perrin said. ” I told him to leave my husband alone, and he said, ‘I will smash your face in for you and I will smack your face.’ He then took my husband out to the side car. He tried to push his head in to the side-car of the motorcycle.

To Sergeant Goggin, Mrs. Perrin said she had not walked to the front gate, and looked up and down the street on several occasions, nor had she called out. ” For God’s sake keep quiet.” She said someone had deliberately led a horse into the garden. Mr. Kersley convicted Perrin of the offence.

ASSAULT CHARGE

Giving evidence in his charge brought against Constable Adams of unlawful assault, Perrin said that when he was arrested, Adams twisted his arms behind his back and tried to shove his head into the floor of the side-car.’ Constable Adams again twisted his arm when he was being taken into the station and caused him considerable pain.

He was later examined by a doctor, Perrin added. Constable Adams denied Perrin‘s statements, and was corroborated by Constable Wilson, who said that if Const. Adams had twisted Perrin‘s arm, he could not have failed to notice it.

The case was dismissed.

http://trove.nla.gov.au/newspaper/article/131350373