Drug prosecution evidence lacking

Ruapehu Bulletin, Volume 7, Issue 343, 10 July 1990, Page 12

Drug prosecution evidence lacking

Police evidence deficiencies led to the failure of a prosecution in a drug case in the Ohakune District Court on Thursday.

Julian Alexander Patrick Taylor, 22, unemployed, had a charge of possession of cannabis leaf dismissed by Judge Laing. The judge dismissed the case after hearing the police evidence, and the defendant was not required to make any reply to the police case. He was not present in the court. Police evidence was that cannabis was found between the front passenger seats in a car owned by the defendant, while there were three people in the car. The evidence of a previous owner was of no value, said the judge, because he was not asked when he sold the car. The witness was asked to testify that he had thoroughly cleaned the car before its sale. His honour said it was improper for the police to give as evidence the statement by the arrest-

ing officer: "you know the rules, you have been caught before." Evidence of previous convictions may only be given after a new conviction has been entered. The court heard that the defendant had asked the arresting officer to "give me a break" but the judge said this was not a full admission of guilt. Assault on a female Thomas Wallace, 45, shearer, was convicted and remanded to 2 August for a probation report and sentence for assault on a female. Wallace punched the complainant, who he is now again living with, about the head and hit her with a chair, stopping when she injured, him with a knife. After treatment for the wound he assaulted her further. He admitted he had a problem and had received counselling.

No permission Myles Kevin Gembitsky, 28, track cutter, pleaded guilty to a charge of pig hunting in Winstone Forest between Pipiriki and Raetihi without permission on 26 June. He was fined $150 and was ordered to forfeit the rifle, worth between $300 and $400, that police seized. No permission Edward Te Huia, 25, workman was fined $200 for hunting without permission in Winstone Forest on 26 June. Arrest warrant Thomas Treanor, 25, unemployed was charged with trespassing in Winstone Forest after, being warned to stay out but failed to appear in court. A warrant for his arrest was issued. Drunk-driving William Callaghan was found guilty of driving in Balance Road in June with a breath -alcohol level of 800:1, fined $900 and banned from driving for one year, it being his second such offence. He was ordered to pay $50 for the repair of a road sign he had hit. Drunk-driving William Grant Stephens, 21, soldier, lost his licence for six months and was fined $600 for driving in Christchurch in April with a blood-alcohol level of 112:100. Prison James Manuel Honana, 25, unemployed, was banned from driving for 12 months from September 15 and jailed for two months for driving while disqualified in Miro Street Ohakune on 4 July after a final warning had been given. It was his fifth offence.

Assault Anthony John Frew, 18, millhand, changed his plea to guilty on a charge of assault on a female. He was fined $400 for the assault where the complainant was knocked down. Insulting Peter Sydney Low, 22,

unemployed, was fined $100 for using insulting language in Moore Street on 17 May. He had abused police when they spoke to him in a carpark. Drug charge Justin Edward King, 17, student, was fined $150 for possession of a pipe for the commission

of a drug offence on 23 May. Case dismissed Rebecca Paewa Taiaroa, 18, unemployed had charges of theft and using a document for pecuniary advantage dismissed after two witnesses did not turn up. They had been summoned but no proof of service was available. Windows shot Steven Charles Pui, 19 agricultural worker, was

told to pay reparation for damage he caused when he shot out the Windows of a church and ordered to give over the air rifle he used. He was convicted and discharged for the offence. The court heard he was making progress under probation guidance and the judge said the court would not interfere with that. He had qualified for corrective training for a dishonesty charge.