William Charles FAHEY

Cahill Acts On New Charge Against Police

The Premier, Mr. J. J. Cahill, said yesterday he had called for a report on allegations by Mr. Stefan Iwanowski that police officers had ill-treated him.

Mr. Cahill said he had received a letter from Mr. B. J. Macree, a Sydney solicitor, enclosing a statutory declaration by Mr. Iwanowski, of West Street, Paddington.

Mr. Macree had asked for an extension of the terms of the Studley-Ruxton Royal Commission to include his client’s allegations.

Mr. Cahill said that when he received the report from his officers, he would consider whether action was necessary.

DEFENDANT IN COURT SAYS POLICE HIT HIM

Stefan Iwanowski said in Central Summons Court yesterday that a police sergeant had hit him on the left cheek, and a constable had hit him twice in the stomach.

He said the policemen were Sergeant First-class George Herbert Boyd and Constable William Charles Fahey, both of Darlinghurst.

The Crown by summons charged Iwanowski, of West Street, Paddington, with having used indecent language.

Iwanowski said that the two policemen called at his home about five minutes to midnight on February 17.

The sergeant had said: “What is going on here?” and the constable had said: “You are drunk.” ” Iwanowski said: Then the constable hit me with his fist in my stomach.

“I said: ‘What is the Gestapo tactics to come my   place at midnight, disturb my baby and beat me?’

“I will see a solicitor tomorrow and find if you are to come to my place at midnight and beat and do these things like the Gestapo.

“Then the sergeant took me by my hair, pulled me down by the head, and the constable gave me a hit in my stomach with his fist.

“STARTED CRYING“

“I fell down on the chair because I could not get my breath, and I started crying. My baby woke and cried, screaming.

“When the baby started screaming, the sergeant and policeman went to the kitchen.

“I said to them: ‘Constable, I take your number.’ I took up from the table my wife’s pencil, and put the number of the constable on the paper.

“The sergeant said to the constable. ‘Take this —– to the police.’

“My baby was still screaming.  “I put my coat on. I didn’t put on shoes or slippers.

“The sergeant started to push me out. After, we walked up the steps. In the front of me was the constable and behind me was the sergeant.”

Mr. K. O’Malley Jones, for Iwanowski: What happened when you went to the police car?

Iwanowski: Some of the police, I don’t know which one, pushed me into the car.

“TAKE A HALF“

Iwanowski, continuing, said that at the police station they told him to get out. The sergeant started pushing him into the police station and kicking his heels.

Iwanowski said: “I started crying. I went into the police station and I said: ‘I have been beaten by police and kicked on my feet, and pulled by my hair.’

“The sergeant said: ‘You are a —– liar. Nobody touched you.’ Then he punched me with his fist.

“Then he started pulling baby from me. My baby was screaming. I said: ‘You don’t take my baby from me. If you take, you take a half.'”

Iwanowski said that Sergeant Boyd took him by the hair and pulled him into the dock. He ordered the constable to take his name, height, and details.

He continued: “He asked me what my profession was. I said, ‘Linesman.’ The sergeant said, ‘Put labourer.’ ”

Mr. O’Malley Jones: Do you remember anything else said before he told you to go home?

Iwanowski: He told me, ‘You are a —— Pole. You are a Communist. They should not let you come to this country. We will teach you how to live in this country.”

Iwanowski said the police started pulling him out of the station by the hair.

NO MARK

To Mr. H. L. Cantor, for the prosecution. Iwanowski said there was no doubt the constable hit him.

Mr. Cantor: Did it leave any mark?  Iwanowski: Not in the stomach.

Were you hit anywhere else but in the stomach? – In the police station, in my face.

Did it leave any mark?   Pretty sore. It left no mark.

Did he hit you hard? – Yes. That is the sergeant? – Yes. Iwanowski said the sergeant hit him on his left cheek.

[ Sergeant Boyd and Constable Fahey denied during   cross-examination by Mr. O’Malley Jones on Thursday that they had pushed, kicked, punched, or pulled Iwanowski’s hair. ]

Mr. H. L. Sargeson adjourned the hearing until 10a.m. on July 9.

Mr. H. L. Cantor ( by the State Crown Solicitor ) for the prosecution: Mr. K. O’Malley Jones ( by B. J. Macree ) for Iwanowski.

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.