Ohakune District Court

Ruapehu Bulletin, Volume 9, Issue 413, 19 November 1991, Page 9

Ohakune District Court

The following cases were heard by Judge Ryan in the Ohakune District Court last Thursday. Police sergeant Bob Evans of Ohakune and Senior sergeant Kelvin Powell of Taihape appeared for the prosecution. Community care Stanley Tukatahi, 19 unemployed of Raetihi was convicted and sentenced to nine months community care when he appeared for sentence on two charges of burglary to which he had earlier pleaded guilty. Defendant and a co-of-fender had been charged with breaking and entering the premises of the Manawatu Regional Council storage shed and Barrett and Taura's offices in Station Road, Raetihi, on 11 October. The co-offender is now in custody in Wanganui facing several other charges committed in Wanganui. Defendant was ordered to live with his sponsor during his 9-month community sentence and told that he must observe a 9pm to 7am curfew. Counsel: Paul Brown Not guilty plea Thomas Ian Hemara, 17, unemployed of Ohakune, pleaded not guilty to a charge of breaking and entering the Rendevous Dairy in Goldfinch Street, Ohakune, on 22 October in the company of Robert Francis Paul and James Manuel Honana. He was remanded on bail to appear for a defended hearing on 12 December. Curfew James Manuel Honana, 26, unemployed of Ohakune, pleaded guilty to a charge of breaking and entering the Rendevous Dairy in Goldfinch Street, Ohakune, on 22 October in the company of Robert Francis Paul. He was also appearing on an earlier charge of conspiring to defeat the course of justice. He was convicted and remanded to appear for sentence on both charges in the Ohakune District Court on 12 December. In the meantime he was ordered to observe a curfew from 8pm to 7 am and was warned that he would be remanded in custody if he broke the curfew or committed any other offences before his next appearance. Counsel: Paul Brown Warrant for arrest Aaron Tremain Prior Horne, 23, unemployed, address unknown, failed to appear on charges relating to earlier failures to report for periodic detention sentences he had been serving in the Hutt Valley area. A warrant for his arrest was issued. Drunk driving John Barry Orr, unemployed of Raetihi, was remanded at large to appear in the Ohakune District Court on 12

December for the taking of a pleas on a charge of driving with excess breath alcohol in Clyde Street, Ohakune, on 1 November. Counsel: Brian Mason Careless use Colin Barry Philips, 36, unemployed of Raetihi, was charged with causing bodily injury to Teresa Pania Hammond on 22 October by carelessly using a motor vehicle. He was remanded at large for the taking of a plea on 12 December. Counsel: Paul Brown Community service Alan Wayne Mareikura, 17, Access trainee of Ohakune was convicted and sentenced to 60 hours community service on a charge of breaking and entering the Kings Theatre in Goldfinch Street, Ohakune, on 11 September. He was ordered to pay part reparation of $462 as his share of the value of confectionery stolen, at the rate of $20 per week. On a charge of being unlawfully in a building - the Cedar Service Station in which he was found asleep by police - he was convicted and sentenced to 25 hours of community service this to be served concurrently with the 60 hours imposed on the burglary charge. Court heard that defendant has already paid reparation for the broken window at the Cedar Service Station. Counsel: Brian Mason Assault David Allen, 27, bushman of Taumarunui, was convicted and fined $250 and ordered to pay witness expenses of $135 and court costs of $85 when he pleaded guilty to a charge of assaulting Aran Brent Shivnan on 8 May. Court heard how defendant had followed complainant out of the Hot Lava Niteclub after an altercation between the two during a fashion show. As a result of the assault complainant had suffered two fractured ribs as well as other injuries which required hospital treatment. Counsel: Paul Brown lllegal driving Moses Tamatea, 18, unemployed of Ohakune, was arrested for driving while disqualified last Thursday morning (20 minutes before Court started) in Goldfinch Street, Ohakune. Court heard how defendant, who had been given a 6-month sentence of disqualification last month, had been a passenger in his parent's car while his niece was driven to school by his girlfriend. , On the way home they' stopped at the shops (in Goldfinch Street) and defendant was invited by his girlfriend to move over to the driver's seat for the short drive home.

It was then that he was seen and arrested. He was convicted and remanded to appear for a probation officers report and sentence on 12 December. Defended hearing A 31-year old Ohakune chef pleaded not guilty to a charge of stealing a New Zealand passport valued at $50 on or about 29 August. He was remanded to appear for a defended hearing in the Ohakune District Court on 30 January. Counsel: Brian Mason Further charges George Lee Hemara, 22, unemployed of Rangataua, was scheduled to appear to defend several charges involving theft

from railway property at Tangiwai as well as endangering transport and possession of a weapon to which he had earlier pleaded not guilty. However, when the Court heard that defendant had since appeared in the Wanganui District Court on two further burglary charges whilst on bail he was remanded to 12 December on the condition that he observes a curfew at his place of residence from 8pm to 7 am each day. Diversion As a first offender a 24-year old female bar staff assistant was given Diversion on a charge of attempting to defraud Turoa Ski Resort Limited of a season lift pass with

the intention of gaining a pecuniary advantage for herself on 4 October. Warning given Robert Francis Paul, 40, unemployed of Ohakune, pleaded guilty to one charge of burglary and one charge of receiving. Defendant admitted a charge of breaking and entering the Rendevous Dairy in Goldfinch Street, Ohakune, on 22 October in the company of co-offender Thomas Ian Hemara. He also pleaded guilty to a charge of receiving a Honda 3-wheeler motorcycle which had been stolen from a farm shed in Wanganui on 6 August. When he was con-

victed and remanded to appear for a probation officers report and sentence on 12 December, police asked for a curfew to be imposed "because we believe he has been the ringleader in a series of recent burglaries." Judge Ryan declined the police request on the grounds of defendants' age (40) but told defendant if he is found committing any other offence before his next court appearance, he will be summoned before a magistrate and will be remanded in custody. Counsel: Paul Brown Diversion sought When a seasonal shearer from Raetihi was charged with cultivating

cannabis on 30 October police reported that they were investigating the possibility of offering the defendant Diversion. He was remanded at large to appear on the 12 December. "Taking the rap" Henrietta Maihi, 29, cook of Ohakune, appeared for sentence on two charges of receiving and one of conspiring to defeat the course of justice. One of the charges of receiving related to the finding of 10-dozen quart-size bottles of beer at her residence and in her car. The charge of conspiring to defeat the course of justice related to her obtaining a bogus Turnpage 10

Ohakune District Court

Frompage9 cash receipt from the Ohakune Hotel bottle store and refusing to implicate her co-offender, James Manuel Honana. Her counsel, Mr Brian Mason, told court that defendant had had the misfortune of being the only one at home when police called with a search warrant. Mr Mason said that both he and the police believed that defendant was "taking the rap" for another person. "There were clearly others involved," he said. Judge Ryan agreed saying that "there is something mysterious about all this" but defendant should have been more open and honest with the police. "If you had been, you might not be appearing in Court now," he said. Defendant was convicted and sentenced to a total of 90 hours community service on all three charges. Assault charges Panatahi Taku, 40, shearer of Raetihi, faced one charge of common assault and one charge of

assault on a child when he appeared following an incident in Wanganui on 24 October. He pleaded guilty to both charges. Court heard how defendant was in Wanganui for a family function and had been drinking. When he learnt that the two children - one of whom was his daughter, the other his nephew - had burgled the home of an elderly woman, he was so angry that he over-reacted by hitting them with a piece of 4x2 timber. Judge Ryan told defendant he was lucky not be charged with assault on a female (which carries a heavier penalty) in respect of the girl. Defendant was convicted and remanded to appear for a probation officers report and sentence on 12 December. Family heirloom becomes "albatross" When a 28-year old manager from Ohakune appeared on a charge of possession of an illegal firearm his counsel, Mr Brian Mason, explained that the shotgun had been a 3-generation family heirloom brought out from England by defendant's grandfather but which had now turned into "an albatross around defendant's neck." Roger William Brans- , grove had been given the side-by-side shotgun by his father prior to the law requiring all gun owners to be licensed. Court heard that defendant thought that the Firearms Act (1983) required a gun owner had , to apply for a licence only if the weapoii was to be used and not if it was to be kept as a - family heirloom. Judge Ryan agreed that in this particular case it was a minor matter and there was no sinister intention associated with the failure to register as a firearms owner. "But all owners of firearms should observe the Firearms Act and apply for a firearms licence whether they intend to use or merely " store the firearm," said Judge Ryan.

Judge Ryan agreed with defendant's counsel that his client should not have his career and community involvement blighted by a conviction under the circumstances. Defendant was discharged without conviction but ordered to pay $250 costs. On a separate charge of breaching bail which counsel explained had been due to a misunderstanding (defendant had himself contacted police when he realised he had failed to appear in Court last month), he was discharged and ordered to pay court costs of $85. (Defended case next week)