OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 7, Issue 360, 30 October 1990, Page 13

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Unwin of Wanganui in the Ohakune District Court last Friday. Detective Larry Meredith of Ohakune appeared for the police prosecution and Traffic Officer Ian Harrison of Ohakune appeared for the Ministry of Transport. False Information Darren Craig Ashford, 19, unemployed of Taumarunui, was to have appeared on a charge of supplying false information to a traffic officer when he was stopped on SH4 at Horopito on 5 August. Following a plea of guilty the case was heard in his absence. Traffic Officer Harrison gave evidence that when he had stopped the defendant's car and asked for identification, defendant had given the name and address of a relative. However, when the officer called the police in to investigate other matters relating to the vehicle, defendant identified himself correctly. He was convicted and fined $250. Assault Clinton James Bishop, 25 unemployed of Ohakune, pleaded not guilty to a charge of assaulting a female on 9 September. He was remanded on statutory bail to appear in the Ohakune District Court on 22 November for a defended hearing. Counsel: Brian Mason. Community Service Neil Cameron of Feilding pleased guilty to a charge of careless use of a motor vehicle causing injury on 2 August. Court heard how defendant had been driving a Ford Transit van on the Parapara Road between Raetihi and Wanganui when the vehicle left the road near the 'Banana Bridge' and plunged several metres down a steep bank. Defendant and a passenger were thrown out but another passenger had to wait 4 hours before he could be released by emergency rescue services. All three suffered various fractures and were admitted to Wanganui Hospital. Court heard that defendant was currently undergoing treatment in Levin for drug and alcohol abuse. He was convicted and sentenced to 150 hours of community service and disqualified from driving for 12 months. Counsel: Paul Brown. Warrant for arrest When Jason Henry Ebbett, 21, builder of Auckland, failed to appear on a charge of driving a motor vehicle in such a manner, given the circumstances, as to be dangerous and causing bodily injury to Rachel Anne Armstrong on 31 August, a warrant for his airest was issued.

No driving licence Adam Dominic Haitana, unemployed of Raetihi, pleaded guilty to a charge of careless use of a motor vehicle causing injury on SH49 between Raetihi and Ohakune on 28 September. Court heard that defendant had never applied for a driving licence because he was unable to read and would not pass the written test. He was convicted and fined $150 court costs $65. Some degree of provocation Jason Lee Haitana, 19, butcher of Ohakune, pleaded guilty to a charge of assault on Christopher Souness on Saturday night 29 September in Ohakune. Court heard how defendant, who had not been drinking, had gone to the Hot Lava Nite Club about midnight to collect a friend. He had been confronted by the complainant and a group of complainant's friends who pushed him to the ground and accused him of stealing a wallet belonging to the complainant. Defendant denied this but the verbal abuse and accusations continued until, as defendant admitted he "lost his cool." He crossed the street to where complainant wa.s standing with his friends and delivered a single punch. This resulted in the complainant receiving a broken nose and cut lip. "Are you a boxer or something?" asked the Judge. "No Sir but I've done a bit of karate," said defendant. His Honour agreed that there had been some degree of provocation but fined defendant $400 (with no order for part of this sum to be paid to complainant). Note: One of those 'incidents' which sometimes makes attending court worth while occurred last Friday (26 October 1990) When the prosecuting officer presented his evidence and read out the above charge, he said that the offence had occurred on "29 October". Judge Unwin immediately intervened to ask the prosecuting officer to repeat the charge and the officer did just that: the offence had occurred on "29 October". At this point Judge Unwin again interrupted Court proceedings to point out that he could only convict people on what they had already done and not on what they might do or not do at some time in the future! "Can we have the charge read again please with the correct date (29 September) included? An embarrassed and nervous prosecuting officer acknowledged the mistake and apologised for

taking up court's time.) Excessive hours Grant Higgott, 29, driver of Turangi pleaded not guilty in his absence and through his legal counsel, Mr Paul Brown, to a charge of driving for more than 14 hours in a 24 hour period on 31 August in contravention of the Transport Act. He was remanded to appear in the Ohakune District Court on 21 December for a defended hearing. Jaws! Leanne Melissa Horne, 18 , unemployed of Raetihi, appeared for sentence on one charge of assaulting a police constable and to one charge of obstructing a police constable in the course of duty in Wanganui on 28 September. Defendant who had appeared earlier in the Wanganui District Court on a charge of biting police constable Mark Kirby on his arm in Wanganui after her brother had been arrested, was sentenced to 140 hours of community service. She was also ordered to make reparation of $25 at the rate of $10 per week for the wrist-watch she had ripped off the constable's arm. Foot slipped John Francis Henare Kingi, 42, shearer of Raetihi, was convicted and fined $200, court costs $65, on a charge of careless use of a motor vehicle in Seddon Street, Raetihi on 20 April. Court heard how defendant's foot had slipped on the clutch as he had pulled out of a car parking space behind complainant's parked vehicle. The resulting collision had caused $1600 damage to the complainant's car. Defendant had, on his own initiative, contacted the complainant after the accident. He was convicted and fined $200, ordered to pay $65 court costs and disqualified from driving for one month from 1 November. Dog stolen Peter Sidney Low, 22, unemployed of Pipiriki, was to have appeared on a charge of stealing a dog valued at $200 from Jason Lee Haitana but when he failed to turn up at court last Friday it was decided (because witnesses had been called and because the charge did not merit a prison sentence) that the case should proceed in his absence. The first witness to be called was Jason Lee Haitana, the owner of the dog. He testified that the day before the dog disappeared he had been contacted by a friend who had asked to borrow the animal (which was known as a good pigdog) for the. day. He had agreed. When he returned home the next day and noted the dog was missing he naturally assumed his friend had borrowed

the animal in accordance with the agreement reached the previous day. However when, two days later, neither the dog had been returned nor had he heard from his friend, he became concerned and contacted the police in Ohakune to report the missing animal. He then learnt that his friend had not, in fact, borrowed the dog and it was not until about 3 weeks later that he next saw his missing dog. When Judge Unwin intervened to ask witness who his friend was who had wanted to borrow the dog, Mr Haitana hesitated for a moment and said "Er. well sir, it was actually Constable Fraser." The second prosecution witness was detective Larry Meredith of Ohakune. He gave evidence that following information received he had later accompanied Constable Fraser to

Pipiriki and located the missing dog as well as defendant, Peter Low. He testified that he heard defendant say to Constable Fraser: "I did it, it was me, I took the dog alone and I'll take the rap for it. What more do you want, you've got the dog back." The third prosecution witness was Constable John Fraser, recently of Ohakune but now stationed in Auckland. He confirmed the evidence given by the two previous witnesses saying that when he spoke to defendant in Pipiriki, defendant had admitted he had taken the dog some three weeks earlier "but what more do you want, you've got the dog back. " Judge Unwin described the charge of theft as the taking of property with the intention of depriving the owner permanently of that property and, in view of the fact that he had no other explanation of how the

dog had come to be in defendant's possession (because defendant had not appeared in court to defend the charge) he had to find the charge proved.

Defendant was convicted and fined $250, court costs $65 and ordered to pay this sum within 3 months or in default face a 90 day sentence in prison.