Charges dropped after unreliable evidence

Ruapehu Bulletin, Volume 6, Issue 297, 1 August 1989, Page 8

Charges dropped after unreliable evidence

A charge of receiving stolen opossum skins was dismissed at the Ohakune District Court last Thursday because the judge could not find the charge proved bevond reasonable doubt.

This was despite Judge Unwin expressing dissatisfaction with the way one witness gave evidence. The witness concerned has previously been convicted for receiving skins, and last Thursday admitted to stealing the skins. Phillip Gerry Hiroti, a 29 year old unem-

ployed man of Raetihi, pleaded not guilty to receiving 220 opossum skins valued at $771, knowing them to have been unlawfully obtained sometime between 1 January and 28 February. Murray Marshall of Wanganui gave evidence that was so different from startements

he had earlier made to police he was declared a hostile witness by the court. Hiroti's council accepted the skins had been stolen from Colin Fredericksen and that they had been in Hiroti's possession for a time. Marshall said he went to Hiroti's on 28 February to pick up the skins which he had

earlier placed there and that he had earlier stolen them from a shed in Horopito. He said he was then going to sell the skins, which he did in Wanganui for $771. Asked about his earlier statement to the police he said parts were true and parts untrue. Contrary to the statement he said he had not given Hiroti

$500 and that he had stolen the skins. He said it was not true that Hiroti had given them to him to sell. Marshall said he had not told Hiroti the skins were stolen and that he may have told Hiroti he had shot them himself. To the judge, Marshall said he had not been influenced by Hiroti and that he had

1 not been paid to lie or threatened. Glen Brewer told the court he drove Marshall to Horopito to collect the skins and that he and Marshall each kept $100 and the rest of the money was sealed in an envelope. He said he assumed the money was for Hiroti. Hiroti's council submitted that there was no evidence that Hiroti knew the skins were stolen. Hiroti chose not to give evidence but was obliged to to explain how the skins came to be in his possession. Judge Unwin said Marshall was a totally unreliable witness, that he could be required to pay the $700 to the owner of the skins, and that Hiroti was probably the recipient of the larger part of the pro-

ceeds and was probably the receiver but that this could not be said for certain. Drunk driving P&trick Brider, 37, shearer, was fined $700 and disqualified from driving for eight months after being caught driving erratically in Raetihi on 7 July and being found to have a breath alcohol level of 700:1 and having no licence. Drunk driving Paul John Simpson, 32, self employed was disqualified from driving for 12 months and fined $750 for driving on State Highway 49 on 10 June with a blood alcohol level of 282:100. He had been seen driving erratically, had lost control and spun off the road into a wire fence. Domestic assault A man whose narne was suppressed was ordered to come up for sentence, if called within 12 months, for and assault on a woman. The incident was domestic. Food theft Brian Michael Ludeman, 37, unemployed, was ordered to pay $340 reparation for two T urn page 9

DISTRICT COURT

Frompage8 thefts from Wholesome Foods in Ohakune, and placed under supervision for 12 months. House entering Kim Wayne Marsden Eyles, 31, unemployed of Ruatiti Valley was fined $150 for entering a house in Seddon Street, Raetihi on 5 March without reasonable excuse. He pleaded guilty to the charge and said he had entered the house in genuine error. Failed to report Darren William Condon, 23, Shedhand, was convicted and remanded until 14 September for failing to report damage to a farm fence after a 14 June accident. Drunk driving Grant Robert Greenwood, 18, g arden worker, was fined $600 and disqualified from driving for nine months after being found driving on SH 49 on 2 June with a blood alcohol level of 135:100. At the time he had had an accident where he had swerved to avoid an opossum and left the road and driven through a fence.

Service breach Donovan Troy Hopkinson, 18, unemployed was fined $250 for breach of a community service order and 42 days' imprisonment in default of immediate payment of the fine. Fraud For seven charges of intent to defraud a woman, whose name was suppressed, was ordered to pay $837 reparation. The offences occurred in Palmerston North. Cannabis Graeme James Holand, 27, bunjy jumper, was fined $300 to be paid immediately or serve 30 days' imprisonment in default, for possession of cannabis on 25 July. Cannabis Adam Dominic Stephen Haitana, 22, unemployed, was fined $150 for smoking cannabis' on 3 June. He had walked out of a hotel smoking a cannabis cigarette not having seen the police, and had snatched the cigarette back off the constable and swallowed it. He said it was the first time he had smoked cannabis.