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Salient: Victoria University Students' Paper. Vol. 29, No. 8. 1966.

The Bruce Jesson case

The Bruce Jesson case

Christchurch.-In a surprise decision Mr. H. R. Evans, Sm, discharged without conviction Bruce Edward Jesson, secretary of the Committee to Oppose Royal Tours, after a senior police officer admitted he had denied him a fundamental legal right.

Jesson had only to pay costs and £10 restitution after his two accomplices in antiRoyalty slogan painting and each been fined £40. restitution and costs.

Interests in the case rose sharply after the police inspector told the court he had refused Jesson the right to ring counsel and that political prejudice may have influenced the arrest and subsequent three days jailing of Mr. Jesson.

Mr. Evans. Sm. said the prosecution case had been factually proven on the two charges Jesson stood trial on. Two other charges against him—Jesson pleaded not guilty on all counts—were withdrawn by the Crown. These were the charges to which his companions had pleaded guilty and for which they had been fined by Mr. K. H. J. Headifen. Sm. at an earlier hearing.

After the evidence had been heard on the Thursday Mr. Evans reserved his decision to the following Monday

'Refusal not justified'

Mr. Evans, in his decision, said the refusal at the police station to allow Jesson to consult his lawyer was not justified. "I consider the reasons by which the inspector seeks to justify his action unacceptable. Defence complaints are well grounded." He added that neither the impending Royal visit nor police fears of trouble could be justification.

Making allowance for Jesson's three days in Jail. Mr. Evans added that any deterrent sentence was rendered unnecessary by the majority of the populace's esteem for Royalty.

In fixing the penalty, Mr. Evans noted:

• The damage Jesson had actually caused.

• The infringement of one of his important rights at the hands of the police.

• The fact that, apart from the means he adopted. Jesson was not in breach of the law, but exercising one of the freedoms which the law guarantees to him—freedom of expression.

Denied his lawful rights

The admission that he had denied Jesson his lawful rights by refusing him access to counsel and illegally searching him was made by Inspector Robert Peter Silk under cross-examination.

Jesson (21). a fourth-year law student, was charged with wilful damage in that he painted anti-Royal Tour slogans on the track wall at Adding ton Raceway the night before the Royal trotting meeting.

He was also charged with attempted wilful damage of the Royal dais in Victoria Square the same night.

The original charges of unlawful entry of the raceway and being a rogue and vagabond in Victoria Square were withdrawn by the Crown Prosecutor (Mr. C. M. Roper).

Opening the prosecution, Mr. Roper said it was contended that Jesson and two others had painted antiRoyalty slogans in 3ft high letters on walls at the raceway.

Jesson had attempted to paint similar slogans on the floor of the Royal dais, but after two letters had been painted the paint ran out and they were interrupted, Mr. Roper said.

The supervisor of Addington raceway gave evidence of finding the slogans painted on the racewav on the night of April 22, and of ringing the police.

Cost £4 to repaint

Although be estimated the damage at £38 only £4 worth of paint had been used to paint out the slogans.

Students Murray Noel Williams and Derrick Garrard Goring said in evidence they had been with Jesson on the night of April 22 and Williams had supplied the car for their venture.

They said they had all entered the raceway together but neither could "remember" if Jesson had actually done any of the painting.

Goring also said he was with Jesson when the two letters were painted on the Royal dais. Later they had been taken to the police station together.

Goring told Mr. McClelland that when they had been accosted bv a policeman Jesson had asked if he was under arrest and the constable had replied that they were not under arrest but were being detained for questioning.

No need to arrest

They had been held while the constable called Inspector Silk and. when he arrived. Jesson had asked him whether they were under arrest, to which Goring thought the inspector had answered "we don't need to arrest you."

Mr McClelland: Did the inspector say get into the police car or I will arrest you?—Yes.

Did the inspector search you both?—Yes.

Did Jesson say to the inspector you can't search me without a warrant unless you arrest me?—I don't remember.

Goring admitted he was not aware of what his legal rights were at the time he was taken to the police station.

The constable who first approached Jesson and Goring, Ian Leslie Kington, said he saw a tin of spray-cote paint (which he produced in court) in Jesson's pocket.

To Mr. McClelland Constable Kington said Jesson. after supplying his name and address had asked if he was under arrest. Told he wasn't he asked if he could go.

Questioned as to why he thought Jesson had not left Constable Kington said he did not think Jesson wanted to.

Search was made

He had seen Inspector Silk search Jesson but said he did not hear Jesson question the inspector's right to do this.

Inspector Silk said in evidence he had been supervising officer on duty on the night of Jesson's alleged offence.

After hearing a report that anti-Royal Tour slogans had been painted on the fence at the raceway he went there to inspect the scene. After this he had set up road blocks in the area, sent out mobile patrols with dogs and arranged for patrols of the route to be taken by the Queen Mother next day.

After receiving information from Constable Kington he had gone to Victoria Square, he introduced himself, and Goring and Jesson gave him their names. Goring said they were connected with the Committee to Oppose Royal Tours (Cort), but Jesson said he had only to supply his name. at Addington. Are you calling Goring a liar?

"He said 'You're pretty clever, aren't you? I have said too much already'," Inspector Silk said.

He had then asked Jesson to remove his clothes and when Jesson refused called Constable Kington to remove them. Jesson had been given a boiler suit to wear until other clothes were fetched from his home.

Taken seriously

Cross-examined by Mr. McClelland Inspector Silk said he had taken the whole matter very seriously. The tenor of the messages had caused him to take extensive measures, and he admitted that this was because the slogans were opposing the Royal Tour.

Had the slogans been in favour of the Royal Tour or some some such thing as "vote Labour." the police would not have taken such drastic measures to apprehend the offenders.

Just before he had taken Jesson and Goring from Victoria Square to the police station Jesson had asked if he was under arrest and had been told he was not.

"I told him I would like him to go to the station."

Pressed by Mr. McClelland

Inspector Silk said that he thought Jesson had voluntarily stayed at the police station until his arrest. For some time during their interview, Jesson had propounded the application of case law to rule 10 of the Judges Rules to him.

After the interview. Inspsctor Silk said he told Jesson he was under arrest for being a rogue and a vagabond in that he was a suspected person and warned him that anything he said might be taken down and later used in evidence.

Solicitor requested

"I remember Jesson asking if he could consult a solicitor. That was when he was formally charged.

"I told him that there was a third party involved in the case and I was not prepared to let him use a telephone until the third person was in the station.

"I told him the reason for this was that I felt he might try to warn the third person.

"I denied him his rights at that point of time." Inspector Silk said.

"It was not a group of youths behind this. I was aware of who Jesson's associates were and their political affiliations. And because of the stated intentions of this group I was concerned about the outcome of that night," Inspector Silk said.

Mr. McClelland: You broke the rules?—I broke the rules.

Did Jesson ask if he could ring his mother?—Not to me.

"We did not have a search warrant when we went to Jesson's home. Sergeant Downs may have searched Jesson's room.

"It has been the custom since time immemorial to search the home of an accused person without warrant." Inspector Silk said.

Mr. McClelland: You deliberately charged this man with an offence on which he was not bailable as of right just to keep him in jail—No.

You did in fact oppose bail? —Yes.

Inspector Silk said he wanted Jesson locked up while the Queen Mother was here if it could be achieved within the law.

In his closing address. Mr. McClelland pointed out that Jesson had been illegally searched and the actions of the police had been, "clearly and palpably wrong."

"It was fortunate that one and not three pots of paint was at stake or Inspector Silk would have called out the Army and the Air Force as well." Mr. McClelland said.