Court case "a fundamental question of honesty"

Ruapehu Bulletin, Volume 8, Issue 376, 5 March 1991, Page 12

Court case "a fundamental question of honesty"

The following defended case was heard in the Ohakune District court last month by Judge Ryan of Palmerston North. Police sergeant Bob Evans of Ohakune appeared for the prosecution. Moses Jerry Tamatea, 17, unemployed of Ohakune, last month pleaded not guilty to a charge of stealing a pair of basketball boots valued at $200.00. After asking defendant if he had obtained legal counsel to represent him or had applied for legal aid since his last appearance in Court, defendant was refused representation when Court learned that he had only applied on the moming of his second appearance and thus gave counsel no time to pre-

pare a case for the defence. However when the defended hearing began it became obvious that defendant was unfamiliar with Court procedure, Judge Ryan said that defendant's age made him feel "some obligation to help him present his case" by explaining legal terms and cross-ex-amination techniques. He also allowed defendant to have a spokesperson sit beside him to advise and speak for him. The first prosecution witness called was Shane Littlewood of Ohakune, who told the court that, while overseas in November last year, he had learned that his home had been broken into and $3,000 worth of property stolen. Among this property was a pair of size 13 basketball boots valued at $200 which had been purchased in the UK. The witness indentified a pair of size 13 basketball boots which were produced in Court as evidence...he had never seen a similar

pair of boots in New Zealand. Witness told the Court that when he arrived back in Ohakune a month later he saw defendant wearing these boots in Goldfinch Street - "they were obviously too big for him"! He stopped defendant and asked him where he had got the boots. Defendant replied "from a mate" and, when asked the name of the friend, defendant had said he had found the boots at the tip. He agreed to accompany witness to the Ohakune Police station. The next prosecution witness was Constable Greg Phillips of Ohakune. He said he executed a search warrant at the defendant's address after receiving a complaint from the previous witness and found the boots on the porch. Defendant told him the boots were his. Later at the police

station defendant was asked where he'd obtained the boots and replied that "some guy" had given them to him at a party. Asked who this person was and where the party was, defendant had replied "can't remember". When questioned further defendant said; "okay, I found them". Asked where he'd found them he had initially replied; "can't remember" but later said he'd found them "over the back fence" Asked when he had found them defendant said; "about four weeks ago". At this point Judge Ryan asked the prosecution if the charge implied that defendant had taken an active part in the earlier burglary or whether the charge related to "theft by finding". The prosecution confirmed the charge was one of theft by finding. In his summing up Judge Ryan said "the

fundamental question is one of honesty as to defendant's intent" After giving four different explanations as to how he came by the boots "he didn't make any inquires

before putting them on his feet and walking around the street" "I don't think basketball boots like these turn up outside fences with monotonous regularity anywhere in the country and any reasonably honest person would know that they'd not beer

abandoned." In finding the charge proved and fining defendant $150, court costs $65, Judge Ryan said "Hopefully this business will explain the importance of being honest when property has been found... either the owner should be found or it shduld be handed in to the police.