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Assault on examiner charge dismissed

3rd July 1970, Page 47
3rd July 1970
Page 47
Page 47, 3rd July 1970 — Assault on examiner charge dismissed
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Keywords : Law / Crime

• A charge against a scrap metal dealer, Mr William Cooper, of Lindley Road, Godstone, Surrey, of common assault against a traffic examiner, Mr Cyril W. Hunt, "by spitting in his face", was dismissed at Oxted on June 22, The case came up before the magistrates on May 18 when William Cooper denied the offence alleged to have taken place at his bungalow on the morning of February 6 and said on oath that at the time stated he was in Redhill General Hospital having treatment for a slipped disc. It was adjourned for Cooper to produce evidence of his hospital visit.

Repeating his evidence, Mr Hunt said that at 10.35 am on the morning of February 6, he interviewed Mr Cooper at his bungalow and said: "I've been instructed that you will he charged with aiding and abetting William Cooper (junior) (defendant's son) regarding certain plating offences connected with a Bedford lorry. William Cooper said: 'Keep your bloody nose out,' spat in my face and said: . off'."

At this stage the defendant shouted out: "He's telling lies. I did not see him at all on February 6". Mr Hunt reiterated that he was absolutely certain of this date.

Interrogated by Mr Michael Burrell, counsel for the prosecution, William Cooper, who was wearing a surgical collar, again denied seeing Mr Hunt on the day in question. "On February 6," he said, "I arrived at Redhill General Hospital at about 10.25 am, had an X-ray, a special injection, was in bed for two hours and then saw a Dr Hickling and didn't get home till about 2 Cooper then produced a letter from Dr Hickling's secretary saying that he had attended the hospital on that morning. Challenged by Mr Burrell that at the previous hearing the defendant had met another doctor—a Dr Marshall—and, in any case, a letter was not permissible as evidence, Cooper said: "You are trying to tie me up. I'm not very well educated."

After a brief deliberation, the chairman, Mr N. A. J. Cohen, said: "In view of the conflicting evidence and in spite of the letter not being evidence, the bench has come to the decision that the case has not been proved and is, therefore, dismissed."


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