POLE FINED £1 ; ALLEGATION ABOUT POLICE
Mr. H. L. Sargeson, S.M., in Central Summons Court yesterday, fined Stefan Iwanowski £1 on a charge of using indecent language on February 17.
Iwanowski, a Polish migrant, in evidence earlier in the hearing said that Sergeant George Herbert Boyd and Constable William Charles Fahey had assaulted him.
CLAIMED HE WAS HIT
Iwanowski said Fahey had hit him twice at his home at West Street, Paddington, where, the charge alleged, the language was used.
He said Boyd punched him and pulled his hair at Darlinghurst police station.
Mr. Sargeson said he was satisfied Iwanowski used the words, but added that there were some unsatisfactory features about the case for the prosecution.
It was difficult to understand why Iwanowski was taken to the police station with his baby. It must have been apparent that there would be difficulty in disposing of the baby if Iwanowski was arrested, charged and locked-up.
DELAY
“Another thing is the delay in taking proceedings by way of summons against Iwanowski,” he said.
“I feel that proceedings against Iwanowski were in fact expedited by the prosecution when it was learned that Iwanowski was moving in the matter of the assault alleged by him to have been committed by the police officers concerned.”
Mr. Sargeson said four witnesses – Boyd and Fahey and a Mr. and Mrs. Gray, of West Street, Paddington said they heard Iwanowski use indecent language. He was satisfied they told the truth.
Iwanowski had denied he used indecent language, and complained that he was assaulted by Constable Fahey and Sergeant Boyd.
Iwanowski alleged that Sergeant Boyd struck him on the face, pulled his hair, and trod on his heels as he was entering the police station.
CONFLICT
Mr. Sargeson said, “The witnesses called by Iwanowski didn’t help me in coming to a conclusion.
“Their evidence is only of value in determining the question of the credibility of witnesses for the prosecution.
“The evidence of these witnesses is in conflict in some respects with the witnesses for the prosecution.”
HAD BABY IN HIS ARMS
Sergeant Edward Clyde Davis , of Darlinghurst Police Station said in evidence he was a senior constable on February 17, and on duty as station sergeant.
Early in the morning of February l8, Sergeant Boyd and Constable Fahey brought Iwanowski in the charge room. Iwanowski had a baby in his arms.
Boyd said, ‘This man used indecent language to us, but I can’t lock him up with a baby in his arms.” Iwanowski, said, “Lock me up.”
SAW NO BLOWS
Davis said Boyd told Fahey, “Get his particulars, and we will take out a summons.” Fahey spoke to Iwanowski, and then “Boyd said “You are free to go now, but you will probably get a summons.”
Iwanowski remained in the room speaking in a foreign language.
Davis said he twice told Iwanowski he was free to leave before Iwanowski walked out the door. Iwanowski was highly excited, and was talking loudly.
Davis said he did not see any blows struck, or any force used on Iwanowski.
To Mr. K. O’Malley Jones ( for Iwanowski ) Davis said he had been 26 years in the police force. At this time he had been 10 months at Darlinghurst.
Mr. O’Malley Jones: You are the sergeant who has been referred to by a probationary police constable in the court yesterday?
Davis; I decline to answer. Mr. H. L. Cantor ( for the police ) objected to the question.
Mr. O’Malley Jones: It is not the only question I am going to ask.
QUESTION ALLOWED
Mr. Sargeson, S.M., allowed the question, but told Davis not to answer further questions until be gave him permission.
Davis: I am the sergeant. Mr. O’Malley Jones: And the gist of it is that in relation to that matter you and the probationary constable are diametrically opposed on an important matter?
Mr. Cantor: There are some matters which, even if it were felt they would assist on the witness’s credit, should not be allowed. It is sub judice.
Mr., Sargeson disallowed the question.
Davis said he had not asked Sergeant Boyd or Constable Fahey whether they would begin proceedings against Iwanowski. He could not remember when he was told he would be needed to give evidence, but an inspector, Mr. Mijch, of Darlinghurst, had asked him to write a report.
Mr. O’Malley Jones: Did he say proceedings would be instituted against Iwanowski because he had indicated he was assaulted by the police? Davis: No.
SUMMONS
Davis said he was with Sergeant Smith when Smith served the summons on Iwanowski.
Mr. O’Malley Jones: Would it be quite a common thing for n summons issued on March 16 at the Court of Petty Sessions, Sydney, to be served on the same day from Darlinghurst Police Station?
Davis: It generally takes a couple of days.
Was it indicated to you by anyone in the station that this was a case in which the summons had to be served very quickly? – No.
Constable Atholl John Arndell, of Darlinghurst Police Station, said he was on duty when Sergeant Boyd and Constable Fahey brought Iwanowski into the police station.
He did not see any violence used towards Iwanowski.
