Brigade break-in 'despicable and dangerous'

Ruapehu Bulletin, Volume 8, Issue 375, 26 February 1991, Page 9

Brigade break-in 'despicable and dangerous'

These undefended cases were heard by Judge Ryan of Palmerston North in the Ohakune District Court last Thursday. Police Sergeant Bob Evans of Ohakune appeared for the prosecution and Traffic- sergeant Buck Buchanan of Taumarunui appeared for the Ministry of Transport.

Three Ohakune residents pleaded guilty to charges of breaking and entering the Ohakune Fire Station in Goldfinch Street on 12 February. They were: Clayton S'hane Locke, 25, millhand; Vernon Leslie McLeod, 22, beneficiary; and Darryl Wayne Pickery, unemployed. Court heard how the three defendants had been attending a party in a nearby house and had broken into the fire station to obtain further supplies before returning to the party. The break-in caused $300-$400 worth of damage and a vital piece of rescue equipment (which has since been recovered) was stolen. Liquor and cash was also taken. Total reparation sought amounted to $800 for the thefts, described as a despicable and dangerous lifethreatening act against a voluntary communitybased safety organisation. Judge Ryan remanded the three defendants until 21 March for a probation officer's report and sentence. A reparation report to assess each defendant's ability to pay $200 as a quarter share of the total claimed (a fourth defendant has yet to appear) was also ordered. The defendant, Locke, also faces a charge of cannabis seed possession. Their counsel was Paul Brown.

Excessive speed Stephen Walter Barnett, 29, of Tawa pleaded guilty by letter to a charge of driving in excess of lOOkm/h on State Highway 49 between Karioi and Waiouru on 6 January. The court heard that defendant had initially been clocked at 126km/h on his motorbike and, when followed, had increased his speed to 180km/h as he approached Waiouru. When stopped defendant had said it didn't matter because he "was up on an excess blood alcohol charge already anyway." However, in his letter to the court, defendant submitted evidence of his competence as a motorcycle racing competitor (including several press releases of his championship performances in national events) and said that he had selected a quiet stretch of road in the Central North Island to pin-point a high-speed handling problem. He said that he had not been travelling at the maximum speed the bike was capable of (143mph/230km/h) and had not endangered other road users. Judge Ryan accepted the explanation about defendant's level of expertise but imposed a fine of $300, court costs $65 because "a law had clearly been broken."

Four charged Four Rangataua residents pleaded guilty to possession of cannabis leaf on 5 February. They were: Stirling Hayden Butler, 28, fit-ter-welder; Shirley May Froggatt, 21, solo parent; Lyn Francis Shaw, 24, unemployed; and Michael Ian Shilton, 29, garden worker. They were each convicted and fined $175 and ordered to pay court costs of $65. "Almost unheard of" Stephen Hoani Brown, 19, farmhand of Raetihi, appeared for sentence on seven charges including unlawfully taking a car valued at $8,500, three charges of breaking and entering, possessing a firearm without a licence, and two charges of theft including the stealing of 375 litres of petrol. A total of over $3000 reparation was sought. Until hearing from defendant's counsel (Mr Paul Brown) Judge Ryan said that he had been considering a prison sentence of 18 months or more but, in the light of counsel's submission, he was prepared to reconsider. He heard from defendant's counsel that de-

fendant had finally obtained employment, seemed genuinely remorseful, appeared to want to mend his ways and had turned up in court with $300 cash to start his reparation payments. In sentencing defendant to 12 months supervision on condition that he continues to make reparation payments of $50 per week and attend alcohol counselling and treatment, Judge Ryan said that such a sentence was "almost unheard of under the circumstances" but if this was merely an attempt to impress the court, a much heavier sentence would be imposed if further offences occurred. Re-sentence Adam Dominic Haitana of Raetihi appeared for re-sentencing after the probation service cancelled his earlier community service sentence. He was remanded on bail and advised to obtain legal advice before his next appearance in court on 21 March. Firearm offence William Daniel Herewini, 29, forest worker of Raetihi, was to have defended four charges including: reckless discharge of a firearm, discharging a firearm, presenting a firearm and being in possession of a firearm while under the influence of alcohol. However, after two charges were withdrawn, he pleaded guilty to the charge of being in possession of a firearm while intoxicated and to recklessly discharging a firearm without regard for the safety of others on 15 December last year. Court heard how defendant had discharged a .357 calibre rifle at Rangataua after he had consumed about four dozen cans of beer following a domesticallyrelated argument. He had fired a shot into the air while trying to unload the firearm and this had caused his defacto wife to fear for her safety. He was convicted on bail to appear in the Ohakune District Court on 21 March for a probation officers report and sentence. Counsel: Paul Brown. Remanded for plea Debbie Ida Elizabeth Marie Taingahue, 22, unemployed of Ohakune, did not appear but she was remanded on bail to answer two charges in the Ohakune District Court next montn. The charges were: breaking and entering the Ohakune Fire Station on 12 February with in-

tent to commit a crime therein; and a similar charge in respect of the Cedar Service Station on the same night. She is to appear for the taking of a plea to both charges on 21 March. Counsel: Brian Mason An "odd" burglary Sonny Shane Waitere, 27, labourer of Ohakune, appeared for sentence on charges of burglary and attempting to use a document for pecuniary advantage, to which he had earlier pleaded guilty. Court heard how defendant, while intoxicated, had stolen four cheques from the office of the Powderkeg restaurant in the Junction and then attempted to cash the cheques at the Powderkeg bar almost immediately ... the barman on duty had recognised one of the cheques as his own.

In describing the burglary as "odd", Judge Ryan imposed a suspended sentence of 12 months and ordered defendant to undertake alcohol counselling and treatment as directed by the probation officer so that defendant can obtain support to cope with his special problems. Name suppression A 35 -year old man who had earlier pleaded guilty to three charges including unlawful possession of a pistol, cultivating cannabis and receiving, was convicted on all charges. On the receiving charge he was fined $100, court costs $65. On the cannabis cultivating charge he was fined $300, court costs $65. On the unlawful possession of a pistol charge, after hearing that defendant had cut it down to make hunting in the bush easier had not realised that that by reducing the length of the barrel the firearm had become an illegal pistol

instead of a rifle, he was ordered to come up for sentence if he re-of-fended within a year. An order for the confiscation and destruction of the gun was made. Following application by legal counsel for the suppression of defendant's name on the grounds of his wife's medical condition, the application was granted. Counsel: Paul Brown