Allegations
of Abuse in Institutions |
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A constable who was
convicted of assaulting a student in the pack of a police car has today been
fined $2750. Judge Fred McElrea in the Auckland District Court also ordered
Gregory Richard Hall to pay $130 court costs. Hall was found guilty
in May of the November 2000 assault on Hayden Graham Seath in the rear of a
police car after Mr Seath was arrested following an incident in the Bull and
Gate car park in Albany. The case took so long
to come to court because initially Mr Seath and another man who intervened
were charged with assault, but were acquitted. The police hierarchy
then decided to charge Hall and another officer over the incident. Prosecutor Chris Morris
said that Mr Seath, his hands handcuffed behind his back was punched several
times in the head while in a defenceless position in the rear of a confined
police vehicle. "The victim and
the community were entitled to expect a higher standard of conduct from
him," Mr Morris said in his written submissions. Defence counsel Richard
Earwaker emphasised Hall's exemplary record and
produced many excellent testimonials on his behalf. He asked the judge to
take into account that Hall was seriously hurt in the incident and suffered
concussion. Mr Earwaker
said that Hall now had an uncertain future. Judge McElrea said that reparation was not appropriate. He accepted that the
assault was completely out of character for an officer with a fine record in
the police. His behaviour may have
been affected by his concussion that night. The judge said that he
did not assume that Hall would necessarily lose his job but that was a matter
for the police disciplinary tribunal. Outside the court Mr Earwaker said: "We still have a process to go
through. It is very stressful for him but it is not over yet. It would be
inappropriate to comment until these matters have been dealt with." |