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An example of a decent Judge

by Whaleoil on March 6, 2010

A schoolbus driver was taken to court for grabbing the arm of a rowdy boy who would not stop pulling a girl’s hair.

But the judge threw out the charge – and had a policeman take the 12-year-old boy to the police cells as a warning.

Jim McCorkindale, 70, of Gore in Southland, told the Weekend Herald that while dropping off children last July, he saw two boys pulling the hair of a girl and got out of his driver’s seat to try to stop it.

“I went over and touched the boy on the arm to attract his attention, and that was the assault.”

When the boy did not respond to being told to stop, “I threatened to hit him in the ribs, and he flinched and let the kid’s hair go to protect his ribs”, Mr McCorkindale said.

“But I never touched him again.”

The boy had continued misbehaving after Mr McCorkindale returned to his seat.

Children on the bus called the police and he found officers waiting to talk to him when he finished his run.

When police rejected the option of diversion, Mr McCorkindale received a court summons.

But in the Gore District Court, Judge Kevin Phillips threw out the charge.

Instead, he told the boy he should be “thoroughly ashamed” of himself and had a policeman take him to the cells, the Southland Times reported.

Mr McCorkindale said he found it disgusting that he was charged in the first place.

I doubt it is a message the boy will understand or the Police who prosecuted the poor man. The judge however is clearly from a by-gone era in that he saw through the B.S. and cut straight to the chase. We used to have Police that did this too, but now they arrest the innocent party or the victim rather than deal with reality. Mr McCorkindale did the right thing, years past he would have given the little shit a clip behind the ears and the problem would go away. The coopers used to do this too. Somewhere along the way the do-gooders have screwed up our society.

Now if Mr McCorkindale would like to sort out some naughty children coming his way in a big red bus paid for by us i would be grateful.

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  • peterwn

    It was a serious botch-up by the police. They gave no consideration as to whether he had a Section 48 defence (self defence or defence of others). He was entitled to use reasonable force against the boy if he believed he was assaulting the girl or if the boy would turn on him for intervening. There was no question of the force used being unreasonable. It probably did not occur to the guy that he had a Section 48 defence which he could have asserted at the police interview and may well have made the police prosecutor think again. IMO the police need a kick up the backside over this, and the other brats also needed a kick up the backside for not telling the boy to lay off, but instead watching the fun then ratting on the driver.

    The judge clearly recognised the Section 48 defence and put a stop to the nonsense. Pity he could not have ordered the boy to be given six of the best and the others on the bus to do a detention.

  • Grant

    The bus driver is right though. The days of some formal discipline are long gone. I recall being hit by a chalk duster for disturbing the class and trying to be the class clown. You knew then that it was the limit and to knuckle down but these days threats of assault are commonplace. I’d never have imagined threatening a teacher with assault charges. The kid or his parents should be told to come up with this guys legal costs. Piss poor form.

  • Alfie

    Before becoming a judge Kevin Phillips was the best defense lawyers in Queenstown. He always got straight to the crux of each case – a logical mind driving a great sense of fair play. Now he’s one of the best judges in this country, thank God. We need more judges of this caliber.

    The Police need a good kick up the arse for taking this case to court. What the f*** were they thinking?

    And naturally, the bullying little shit who caused the problem has got off scot free. Once again. Thanks Sue Bradford.

  • Cadwallader

    Kevin Phillips was a highly respected lawyer in the South and has fortunately retained a sense of balance now he’s on the Bench. A good result. The Police must have received a complaint before acting, I expect it was from the little prick’s whanau. Who could be bothered having any involvement with kids now that this sort of bullshit is generated?

  • Cadwallader

    Grant: I agree. I was flogged many times at school in the 1960s and only once do I recall that it wasn’t deserved. Uh-oh, no that was in a whore-house and I paid for it!

  • jabba

    give that man (the Judge) a Tui and make the wanker who decided to charge him, pay for it.

  • Paul

    I originally come from Gore and if I misbehaved on the bus, the bus driver gave me what for, then the nuns got their yard rules worth and finally when I got home I got what for from the old man because either the bus drive or the nuns, (or both) rung him and told him what happened. So good on the judge and good on Jim. My old man was quite pragmatic. He’d reckoned I’d been punished enough for the original offence. He punished me for being stupid enough to do it in place where I’d get caught!!!!

    Society has gone so soft that the young ones these days have no boundaries and that is the fault largely of the parents and the do gooder liberals like sue Bradford and co. Kids these days don’t know the concept of consequences. Every action has a consequence.

    I abused the Senior Sergeant one night when I was 16 and he took me around the back of the cells and taught me some manners. It hurt for a while but I never forgot my manners and it never did me any harm. I did 12 years in the Armed Forces and and never forgot what my father and that senior sergeant taught me. Have never been in trouble with cops and been on the straight and narrow most of my life. So how I was dealt with as a kid has never done me any harm , mentally or emotionally and the physical hurt passed reasonably quickly although the memory long remains. What it means is that what ever I do there will be consequences.

  • Blair Rogers

    When I was a wee slip of a lad I lived in a small community north of Napier where the local country cop – Constable Russell Chant – would give you a boot up the backside and send you on your way if you got up to mischief in the local community – it really didn’t need to be much. He had the support of the entire community. He was always fair – and you pretty much knew that you deserved it if he caught you.

    • Cathy

      thays my dad

  • Jacob

    Name and Shame the child, the parents of such a stupid child, and the dumb ass cops who decided arresting the poor bus driver was the right thing to do. Make these people accountable for the their actions…especially the cops.idiots! Go on Whale…you can do it! :)

  • petal

    Yeah, I just don’t get the judgment of some Police these days. Anyone can see the sense, so there must be fear that they face internal repercussions? Which means there are people driving desks that needs their minds keenly focused on their ever shortening careers unless they grow some common sense.

    This, and our armed forces admin getting upset about nasty messages being written on ordinance. FFS…

  • Anhedral

    This is the price we pay for apathy. For to long, we’ve stood by and let the moral minority be the predominant voice heard by parliament.

    We need to tell our government that this not the form of policing we want. Bring back firm early intervention in the form of a kick up the arse by the local copper.

    In these sorts of cases, a quick summary judgement should be made at the time by the policeman involved, , not handing every complaint over to the courts to decide, and ultimately further congest the justice system.

  • Bea

    Name & shame the child, Jacob? Come on – he’s 12! And he was pulling a girl’s hair. He might deserve a kick up the arse, but he doesn’t deserve a public execution.

    I do agree that the police should be taken to task for prosecuting. They most certainly should pay the poor bus driver’s legal fees.

  • Marybelle

    Good on Gore Dis­trict Court Judge Kevin Phillips – especially for the cell experience.

    What about the parents of this boy? I bet that they had a lot to do with this brat of a boy accusing the bus driver of assault. What have they got to say now about their nasty bully of a son?

  • Chiefsfan73

    Promote him to chief justice. Elias is a waste of space and taxpayer dough

  • Sinner

    It was a seri ous botch-up by the police.

    No it wasn’t. This is precisely what every competent legal commentator said would happen when S59 was repealed. Add in the systematic bias instituted in the police by the Labour party under the previous government: this is business as usual!

    Go and read the police’s own guide on S59. It makes clear that this prosecution is required or the copper would be on disciplinary charges (like Maclaughlan :-)

    http://www.police.govt.nz/news/release/3149.html

    Yeah, I just don’t get the judgement of some Police these days.

    Well then you’ll have to purge the cops of everyone appointed or promoted in the last 10 years…

    We need to tell our gov ernment that this not the form of polic ing we want.

    … and change the laws. Repeal S59. Repeal S139A of the education act. Give cops guns and the laws that allow – indeed require – them to use them!

    Like I said: what Fran has seen (but noone else has the guts to) is that for ACT, Garrett and Boscowen are making the running. These are the policies that Kiwis want and will vote for!

  • Jimmie

    Sinner makes a good point. The Police Act give individual officers discretion in all cases as to whether arrests/prosecutions should take place.
    However Police prosecution guidelines take this discretion away and give prescriptive direction in all but the most minor of cases (1st offence shop lifting or caught with a tinnie) If individual cops ignore these guidelines they will likely face employment charges (demotions or losing their job) Because of an institutional mentality that is scared of individual initiative the old idea of individual cops with brains and common sense who can decide themselves what appropriate action is long gone history.
    I actually think that technology is partly to blame (plus beaurocrats) as in the old days there were no comms centres/2 way radios/fast cars/computers just bobby on his bike dealing with the local hoons.

    But still if the commissioner trusted more of his cops and tore up half the PC guideline crap, you would find a lot more common sense decisions being made.

    And don’t get me started on straps/canes in schools and S59 lol

  • peterwn

    Sinner and Jimmie. This is not a Section 59 matter. AFAIK school bus drivers were never ‘in loco parentis’ and hence could not physically discipline kids on the school bus.

    The judge immediately recognised that the driver had a ‘section 48′ defence which the cops should have recognised.

    Also AFAIK other kids phoned the cops while the bus continued its run and the cops met the bus at end of run.

    It is an unfortunate thing with the cops – they listen to whoever gets in first with a complaint.

  • Commonsense

    I am sure the parents of the girl are happy the driver stepped in, the little shit should have been kicked up the arse, and his parent too for that matter.
    I remember the story my father would tell of the local copper giving them a short sharpe boot if they were caught doing anything they shouldn’t, to make it worse, the copper was his grandfather!

  • angry anon

    i am in two minds about naming the brat… one says “but he was only 12″
    the other says get the little shit on record so when he is charged with a man assaults woman in his late teens or even a rape complain he is not hiding behind some suppression law
    and more importantly the public can turn around and tell the goodie two shoes and politicians we have had enough of this shit and if the bus driver had not been interrupted or the police had given this brat “a short sharp shock” then he might have mended his ways and actually contributed to society.
    What lesson has the boy learnt from this farce?
    Wind back the clock please.

  • bigkev

    i think i read somewhere that the age is 27, people below that have diff set of standards and morals than people older, yea that duster flying across the classroom, got me every time

  • rainbowdell

    how come the 12 year old drop kick was not charged for assaulting the girl

  • Bea

    Southland Times says the boy’s family defended the bus driver during the court appearance.

    And you must also be kidding, rainbowdell. He pulled a girl’s hair. He misbehaved. Imagine all the 4-year-olds who should be charged for assault if we go down that route.

    If the girl pinched him before he pulled her hair, or called him a retard, then perhaps she should also be up on assault or abuse charges. As I remember (if she is the same age as him) 12 year old girls are very often bigger and meaner than their male counterparts and quite able to take care of themselves.

    The fact that the other kids called the police suggest that perhaps opinion on the bus wasn’t all that the boy was being a shite for no reason.

  • Rach

    Bullying is too much of an issue to be ignored. I aplaude the judge and the bus driver for their actions. Do we really want to live in a society where it is a criminal offence to stop a child committing assult? I have read articles that have told about children who have committed murder, torture and rape. I know that sounds extreme and it is but to enjoy the suffering of another person is a rather sick thing and it needs to be dealt with. Why on earth wouldnt you try to stop a child from this is beyond me.

  • Sandy

    Good commentary Sinner and Jimmie.

    I too question overzealous and unfair police prosecutions. The stance is prosectute at all cost. And it comes with a personal cost to the defendant and a txa payer cost in court admin and time

    In the USA they have District Attorneys- elected by the people – responsible for taking prosecution cases to court -at thier discretion and assuming – in thier elected positions -they reflect the will and beliefs of the society they serve. NZ Police prosectutors have a conflict of interest and are self-serving

    Maybe they would think twice if they are required to reimburse legal cost of persons acquitted?

  • Chuck Bird

    The senior police officer who made the decision to prosecute should be named and shamed. Taking all things into account this not only shows total incompetence but a fair degree of callousness considering Mr McCorkindale’s terminal ill wife.

    Surely, this should demonstrate to Mr Key that if a senior police officer is incapable of using discretion responsibly how can a junior officer be expected to in cases of complaints about parental discipline.

  • Ace

    Hooray for the judge. Yet again the NZ Police show themselves to be a complete bunch of idiots. The driver had both a legal and a health and safety obligation to intervene. the fact they insisted on prosecuting him was a farce. Not only should the 12-yo shit have spent a night in jail, the officer concerned plus everyone else in the chain of command up to the regional commander should have too – and not in a holding cell – in an actual prison. How can the police justify prosecuting this man for intervening to protect someone then spend all their time trying to avoid prosecution of one of their own who shot an innocent man dead on the NW motorway?? Idiots!!