OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 8, Issue 369, 15 January 1991, Page 13

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Ryan of Palmerston North in the Ohakune District Court December 1990. Senior sergeant Kelvin Powell appeared for the police. Transferred Lewis John Bourke, 33 carpenter of Raetihi, had a charge of driving while disqualified on State Highway 49 between Ohakune and Raetihi on 9 August transferred to the Whangarei District Court on 24 January. Helping Police Stephen Hoani Brown, 19, Farmhand of Raetihi, was remanded on bail to appear in the Ohakune District Court on 25 January to face one charge of attempting to steal a Holden Belmont valued at $8500 on 23 November and one charge of converting the same vchicle on the same date. Defendant was remanded on these two charges for a month at the request of the police who said defendant was currently helping police with enquiries into other mattcrs. Counsel: Paul Brown Defended hearing Grant Edward Hays,37, soldier of Ohakune, plcadcd not guilty to a charge of careless driving on State Highway 49 at Karioi on 28 Septembcr last year. He was remanded for a defendant hcaring in the Ohakune District Court on 25 January. Discharged The charge of assault against Matthew Shane Marcikura, 18, traince of Ohakune was dismissed aftcr police reported that defendant had successfully completed a diversion schcme agrccd to bctwccn complainant, police and defendant. Not guilty pleas Clyde William Selwyn Rcnnie, 18, studcnt of Rangataua, plcadcd not guilty to one charge of possessing cannabis plant on 3 November and to one charge of resisting police constable Peter Gardner in the coursc of duty. Hc was remanded to appear in the Ohakune District Court on 25 January for a defended hcaring. Counsel: Brian Mason "No burglar" Daniel Shane Richards, 27, forcstry workcr of Raetihi, appeared to answer a charge of brcaking and entering the Starline Service Station in Raetihi on 1 December to which he pleaded guilty. Court heard how defendant, while drunk, had broken a plate-glass window and had taken several bags of potato chips from the premiscs though he had no recollection of the incident. The noise of breaking glass had becn heard by thrce membcrs of the

public who then held defendant until police arrived. In court defendant rcplied "No sir," when Judge Ryan said,"You're no burglar are you?" Defendant was remanded at large until 25 January in the expectation that he would either pay for the damage caused or make satisfactory arrangements with the Starline- Service Station to make payments once the cost of the broken plate glass-win-dow had becn asccrtained. If defendant has taken this step before his next court appcarance hc may only face a suspendcd scntence or have the charge dismissed. Discharged rifle William Daniel Herewini, 29,forestry workcr was remanded until 25 January on a charge of discharging a fircarm (a .357 rifle ) in Rangataua on 15 December without regard for the safcty of other pcrsons. Police reported that the rifle and all ammunition has since bcen surrcndcred. Counsel : Paul Brown Warrant for arrest A warrant for arrest was issucd against Jason Ebbctt,21, buildcr of Auckland whcn he failed to appear on a charge of driving in a manner which was dangerous to Rachcl McKenzie on 31 August last ycar. In hospital Ronald Erncst Southcc, farm workcr of Kakatahi, was to have faced a charge of careless use of a motor vchicle causing injury to Mary Hobson on State Highway 4 on 22 November last ycar. However, whcn court ' lcarncd that defendant was in hospital, hc was remanded to appear in the Ohakune District Court on 25 January. Charge dismissed Stephen Charlcs Pui, 20, uncmployed of Raetihi, appeared on a defended charge of intcrfcring with a motor vchicle (a Ford Falcon road-marking utility) in the WanganuiRangitikci Powcr Board yard in Raetihi on 23 August. Defendant had earlier plcadcd not guilty. The first prosecution witncss was Maurccn Workman who said that while working at the postal agcncy adjaccnt to ihe Powcr Board yard, shc saw defendant, who she has known by sight for about 15 ycars, apparcntly trying to get into Ihe vchicle with a piece of wood in his hand. She watched defendant from a distance of about 100 yards for about 5 minutes as he walked around the car trying to open the car windows. Under cross examination witness agreed she could not estimate the

amount of pressure being applied to the windows and she acknowledged that the vehicle did not have wheels... "they had disappeared a week or so earlier". The second prosecution witness was Michelle Frederickson, agency manager for the Ruapehu District Counciljn Raetihi. She said she saw defendant, who she had known for about 10 ycars, walking around a green ute parked, without wheels, in the Power Board yard next door.."somebody had already pinched the wheels", she added. She said she saw defendant, with his hands on the vehicles windows and appeared to be attempting to pull them down.He then went behind the Power Board building and returned with a piece of wood resembling a baseball bat, about 4 inchcs wide and 4 feet long. She then phoned the police. The third prosecution witness was Peter Gardner ,sole charge police constable at Raetihi who said he received a phonc call from the previous witness at 11.30 on the morning in question. He went to the Power Board prcmises and drove into the yard.He saw defendant sitting on a fcnce which surrounded the yard and whcn asked what he was doing, replied"Nothing", just having a look". Constable Gardner chccked that the vehicle which had a car radio in the cab was still sccure and aftcr questioning defendant at the Raetihi

police station, charged him with attempting to get into the vehicle. Under Crossexamination, witness agreed defendant did not have any tools which might have been used to remove the fitted car radio. Defendant's legal counsel, Mr Brian Mason, submitted there was no case to answer because the Ford Falcon ute was not a vehicle within the meaning of the Act as it did not have wheels. He submitted that the proper Oxford dictionary definition of a vehicle was "an appliance with wheels for carrying passengers or a load." Mr Mason also submitted that 'dishonest intention' was an essential ingredient in the charge of interfering and this intention had not been proved. In his summing up Judge Ryan commented that thanks to the vigilance of the public and the promptness of the police, a more serious offence had perhaps been prevented. He agreed with counsel that dishonesty was an essential ingredient in this charge of interfering. However it was not right for him to assume from the prosecution witnesses' description of defendant's behaviour that their suspicions warranted a conviction against defendant on the facts before him. The charge was dismissed. Charge dismissed A charge of indecent assault upon a girl, then aged 14, against a 53 year old man was dis-

missed "with the greatest reluctance" by Judge Ryan after a defended hearing. The assault was alleged to have occurred at Rangataua between 6 August 1989 and 10 September 1989. The complainant, giving evidence, told the court that the defendant had given her a lift in a red car into Ohakune from Karioi where she had been staying with a friend during the school holidays. At Rangataua she said defendant had diverted into the bush saying that he would show her the Rangataua pools despite her repeated objections. He stopped the car, on a bush track leaned across, touched her left breast and kissed her. She said that she pushed him away, swore at him and attempted to get out of the car but he reached over and locked the door. She managed to open the door and ran away towards the road, climbing a fence towards the bridge they had crossed earlier . She said that defendant had come out of the bush track several minutes later and offered to take her home. She ran to a nearby house but despite the doors being open no one was home so she ran along the road towards another house but met a

lady walking along the road towards her. She accompanied the lady back to her house and told her what had happened.The lady then phoned the friend with w h o m she (complainant) had been staying. The next witness was defendant's daughter who said complainant had arrived home "upset and crying" but didn't want to explain because it involved her father. When she offered to phone a doetor or the police, complainant declined. She told the court that complainant had earlier left the house to travel back to Ohakune with defendant in a white car. The next prosecution witness was Elizabeth Macky of Auckland who told the court that she owned a cottage at Rangataua. On the day in question she saw a red car coming out of the bush reserve track and a girl running along the road towards her. She was crying and shaking with fright. Some days later she said complainant had phoned her saying she had reported the matter to the police. The final prosecution witness was constable Brian Wilson of Ohakune. He said that the complaint was first madc to the Department of Social Welfare in Welling-

ton in December 19 89. The file didn't arrive until March 1990 and he interviewed defendant on 14 May to get a statement. Defendant then took the witness stand and denied any knowledge of the alleged assault saying the first he heard about it was some 4 or 5 months later. He said he was driving a white Toyota car at the time and had ncver owned a red car. He acknowledged that there had been a dispute between himself and complainants' father who had broken into defendant's home. Judge Ryan in his summing up, said he sometimes wishes in cases like this that the evidence could be heard by a jury so that a decision could be made without having to give reasons for reaching such a decision. He said the charges did not relate to violence or the grosser forms of indecent assault and were at the lower end of the scale in such cases it was a simple contest between two people. He said that clcarly something very upsetting had happencd to complainant but there were some anomalies in the testimony. Complainant had told one witness( Mrs Macky) that she had reported the matter to the Turn page 16