Custody misunderstanding leads to damage

Ruapehu Bulletin, 7 September 1990, Page 12

Custody misunderstanding leads to damage

The following cases were heard by Judge Ryan of Palmerston North in the Ohakune District Court last Thursday. Detective Sergeant Bruce Henry of Taihape appeared for the police and the MOT was represented by Senior Sergeant Hugh Flower of Wellington and Traffic Sergeant Trevor Thorne of Palmerston North. Careless Use The case of Adam Brown, 19, student of Auckland on a charge of careless use of a motor vehicle in Miro Street,

Ohakune, on 15 August, which had been set down for last Friday was enlarged to 28 September as court leamt there had been no proof of service. Driving while disqualified Jason Andrew Delves, 27, kitchen hand of Ohakune pleaded guilty to a charge of driving while disqualified in Goldfinch Street, Ohakune on 2 August. Court heard that defendant had been disqualified in the Otahuhu District Court 6 months

earlier and was apprehended on the current charge within six days of the expiry of the disqualification period. He explained to the court that he had used his car on 2 August to travel from the Junction to Ohakune township only to get some food and medicine following a bout of illness which had kept him in bed. In imposing a sentence of 100 hours community service, Judge Ryan reminded defendant of his obligation to comply with the law. Drink drive charge Colin William Foster, 38, market gardener of Ohakune, pleaded guilty to a charge of driving with excess breath alcohol on SH49 at 11.50pm on 18 August. Court heard how defendant was seen to drive over the centre line three times within 100 metres while driving home from the Ohakune Hotel. He was convicted and fined $900, court costs $65, and was disqualified from driving for 8 months. Diversion The charge of assault brought against Jason Lee Haitana, 18, butcher of Ohakune on 15 March, was dismissed when the prosecution told court that the matter had been settled by way of diversion. Community care Adam Dominic

Stephen Haitana, 23, unemployed of Raetihi, appeared for sentence on a charge of burglary of the KayCee Stores in Seddon Street, Raetihi on 29 July. Defendant, who had already spent 28 days in custody, was sentenced to 6 months community care and ordered to make reparation of $825 in weekly instalments of $10. The 6 month community care sentence is to be carried out under the sponsorship individual named in the programme and under the terms set out in that programme. Offensive behaviour Morgan David Heatherbell, 18, student of Auckland, who was to have faced a charge of behaving in an offensive manner in Thames Street, Ohakune, on 20 August succeeded in having the case transferred to the Takapuna District Court on 10 September providing he intended pleading guilty to the charge. Two charges David Walter Hiroti, 38, unemployed labourer of Raetihi, appeared for sentencing on one charge of driving with excess breath alcohol and one charge of driving without ever having held a driving licence when he was apprehended in Jellicoe Street, Te Puke, on 30 May.

On the drink driving charge he was convicted and disqualified for 8 months. On the second charge he was sentenced to 80 hours community service. "Danger to health" Darrell Clinton Limyock, 27 of Ohakune, pleaded guilty to a charge of careless driving causing injury (to himself) on Old Station Road, Ohakune, on 3 June. When defendant told court that his vehicle had left the road and ended up in a paddock as a result of dropping a cigarette into his lap, Judge Ryan pointed out that in this particular case, smeking was a very obvious danger to health. Defendant was convicted and fined $250, court costs $65. Remanded for plea Richard John McCabe, Otago University student of Taupo, requested through counsel, that the charge of allowing consumption of liquor in an unlicensed restaurant on 12 August last year, be postponed until 21 December because of university commitments. It was learned that the charge had been brought against the defendant because he had been acting manager (for his father) in the restaurant on the night in question. Because the charge was a very minor one of such long standing court adjourned the matter until 28 September to see if it could be resolved in the meantime and in defendant's absence. Remanded for plea Steven Charles Pui, 20, unemployed of Raetihi, was remanded on bail to appear in the Ohakune District Court on 28 September, to plead to a charge of attempting to get into a Ford Falcon utility motor vehicle on 23 August.

Receiving charge Riki Martin Surton, 30, unemployed of Ohakune, was sentenced to 75 hours of community service on a charge of receiving items which had earlier been stolen by a younger offender who lived in the same house. Court heard that defendant had been a passive and unwitting partner. Counsel: Paul Brown. Supervision Andrew John Tamatea, 25, of Ohakune, was sentenced to 12 months supervision on a charge of resisting a constable to which he had earlier pleaded guilty. On a second charge of using threatening language he was convicted and discharged. The charges arose out of an incident during a party at a house in Ayr Street, Ohakune, on 6 May. Counsel: Paul Brown. Not guilty plea Donovan Troy Hopkinson, 19, unemployed of Raetihi, pleaded not guilty to a charge of cultivating cannabis on 28 August. To a charge of driving without ever having held a driver's licence, defendant pleaded guilty. Both charges will be heard in the Ohakune District Court on 28 September. Counsel: Paul Brown. Fight charge Brendan Young, 20, builder of Ohakune, pleaded not guilty to fighting in a public place (Glenfield Road, Auckland) on 25 August. The charge arose out of a car accident which occurred outside the Mobil Service Station. He was remanded to appear in the Ohakune District Court on 28 September for a defended hearing. Case transferred Robert Dudley Young, 27, unemployed of Palmerston North, was successful in having his application for a charge

of driving while disqualified transferred to the Palmerston North District Court on 17 September. The charge arose when defendant was seen to be driving in Goldfinch Street, Ohakune, on 2 August. Custody standing A 35 year old shepherd from Karioi, pleaded guilty to one charge of intentionally damaging a window and to one charge of being found within a building without reasonable excuse on 17 August. Court heard how defendant, who had been granted joint custody of his three children on the bases of having access from Friday pm to Monday am, had been late in collecting the children from his former de-facto wife's home. As a result, his former partner had engaged the services of a 15 year old student babysitter. When defendant turned up at the house at 1 1.30pm to collect the children he received no reply to his knocking and attempts to open the doors, so decided to gain entry by breaking a window. The babysitter ran into the bedroom to guard the children. Defendant told the court that he believed he was within his rights to collect his children. He was given a 6 month suspended sentence and ordered to make reparation of $43 for the broken window. Counsel: Brian Mason. False Statement A diversion scheme was proposed as an appropriate sentence on the case of a 35 year old housewife who was charged with an offence in which it was alleged she made a statement to constable Peter Gardner of Raetihi that was contrary to fact and without belief and alleged that an unlawful interference with a motor vehicle had occurred on 28 August. defendant was granted name suppression. Counsel: Brian Mason.