Man in alleged beating case loses appeal
officers was dismissed yesterday.
The appellant, Corvin Ratteray, was fined $2,200 in April after being convicted in Magistrates' Court of seven offences.
The charges included possessing cannabis and drug equipment and resisting arrest, assault, wilful obstruction and using threatening words.
Defence counsel Elizabeth Christopher had argued that the magistrate wrongly excluded the evidence of a doctor which would have thrown doubt on the credibility of the two Police officers who testified at trial.
The medical evidence would have shown that at the time the appellant was examined by the doctor he had lacerations and contusions on his body, Ms Christopher claimed.
But Chief Justice Austin Ward, in reading his judgment, said the doctor's evidence could not have affected the magistrate's decision. There was evidence which supported the prosecution's case that the defendant had injured himself by running into a roof. Mr. Ward also said the magistrate would have had the same assessment of the witnesses after hearing the evidence of the doctor.
However, Mr. Ward said it would have been better for the magistrate to clearly and concisely state the facts and then apply the law. He also said that it would have been open to the Crown to cross appeal against the magistrate's finding that the knife which Ratteray had brandished at Police was not an offensive weapon.
Mr. Ward then commented on the fact that Ratteray was not in court. Ms Christopher apologised on his behalf, but Mr. Ward said it was not her fault he was not there and warned that counsel should not "pamper'' their clients.
"Until these people learn to stand on their own two feet and take responsibility for themselves, what can you do for them?'' Mr. Ward said. He then issued a warrant for the arrest of Ratteray.
