Prison term after threats conviction

Ruapehu Bulletin, Volume 9, Issue 414, 26 November 1991, Page 8

Prison term after threats conviction

One defendant received a 3-month prison sentence and four other defendants had charges against them dismissed when they appeared in the Ohakune District Court on 14 November Judge Ryan presided and Senior Sergeant Kelvin Powell of Taihape prosecuted during the defended case which took five hours to near. The defendants and the charges were: Stephen Hoani Brown, 20, prison inmate, who had earlier pleaded not guilty to charges of threatening to kill, threatening to cause grievous bodily harm, causing wilful damage, using threatening language and unlawful assembly. Michael James Blake, 37 unemployed of Wairoa, had earlier pleaded not guilty to charges of demanding money with menaces and unlawful assembly. A charge of threatening to kill was withdrawn. Robert Darren Hawira, 19, Access worker, Clyde William Rennie, 19, unemployed and Eugene Rangi Wilson, unemployed, had

each earlier pleaded not guilty to charges of unlawful assembly. All charges related to an incident which occurred at Samuels Restaurant (formerly Nobbys) in Ohakune on the night of 1516 August. The defendant Brown was represented by Mr Brian Mason. The other four defendants, Blake, Hawira, Rennie and Wilson were represented by Mr Paul Brown. The first prosecution witness was Aran Brent Shivnan, chef at Samuels Restaurant, who testified that while drinking at the Powderkeg he had met the defendants Blake and Brown and had invited them back to Samuels after Blake had paid the waitress a sum of $50 towards the 'tab' he had incurred at Samuels. Witness told the Court that he left the Powderkeg by himself to return to Samuels at about 3.45am. He said under cross examination that he had not withdrawn the invitation, before leaving, but that he had not expected defendants

to tuni up three hours after the invitation, made at 1am. When they did so he refused them entry saying that the licensing hours permitted them to remain open only until 1am. When they started to batter on the door demanding entry, witness opened it fearing that they would break it down. As he did so a window beside the door was smashed and a group of people - among whom witness was able to identify some of the defendants - forced their way in. According to witness they then started smashing chairs, tables and damaging the fireplace and other items. Witness said he was knocked down and was threatened by the defendant Brown saying "you're dead, don't f... with us, you're history." He ran to the office at the back of the restaurant to call the police and defend himself with the only weapon available - a vacuum cleaner tube. He denied that he was aimed with anything when he first went to the front

door and said there was no "steel bar" on the premises. The second prosecution witness was Helen Aitken, owner of Samuels Restaurant in Rimu Street. She said she had been doing some paper work that night when Shivnan returned at about 3.45am. Shortly after a "couple of cars" pulled up outside and she turned out the lights, locked the door and told a group of people who were banging on the door they were not allowed in. Witness said she told the group "4-5 times" that the restaurant was closed but they continued to bang on the door and shouted to be let in to drink. She then heard breaking glass and a group of people yelling and shouting abuse as they forced their way intc the restaurant and started smashing the furniture, asking for money and demanding drinks. She went to the office and phoned the police after the defendant Brown had picked up a chair and threatened to rape her saying "you're dead now." She said when Aran

came into the office (when she had taken refuge with her baby) Aran had said: "They are going to kill us." The group left before the police arrived but after the police had made their assessment of the damage and left the premises to search for the defendants, witness said she had gone to the front of the Restaurant and had seen the defendant Brown standing in Rimu Street holding a brick which he threw through the remaining plate glass window. Witness testified that she saw defendant Brown break at least two chairs including the one he swung at her when he threatened her. The third prosecution witness was Helen Moore, who backed up the previous witnesses' statements, adding that one of the offenders had said "Let's rape the women." The two police witnesses, Sergeant Bob Evans and detective Larry Meredith, then gave their evidence which included testimony from the three previous witnesses and statements from defendants which were read to the Court. Detective Meredith presented 33 pages of evidence, Sergeant Evans presented 17 pages. Defence At the end of the prosecution case, the charge against defendant Wilson was dismissed as there had been no evidence put forward to implicate him. The first defence witness was Michael Blake who confirmed that he had given Shivnan $50 and been invited to Samuels. Later he had gone to Samuels and noticed people outside. When he was denied entry he said he told those inside that he wanted to come in to "sort out his tab," and when the door was opened he was pushed in by those behind him. "Then everything erupted," he said. He told the Court he said to the others "cut it out" and after seeing Shivnan with an iron bar said "this is not for me," and left. Under cross examination he said he would not have gone to Samuels if not invited by Shivnan. He said he had been trying to tell Helen Aitken that he 'had given Aran $50" and not that he was demanding money.

Ine next witness was defendant Rennie who denied everything except seeing Shivnan with an iron bar (the vacuum cleaner tube) and seeing Brown trying to stop him using it "As a perfect little angel you say you saw nothing of the mayhem around you or even being in the restaurant and yet you say that you saw Stephen Brown trying to stop Aran Shivnan using the iron bar," said the judge. The third witness was Stephen Brown who said when he arrived the door was open and about 8-10 people were already inside. He denied that he said anything to anyone at Samuels and had seen no damage. Neither had he demanded liquor or threatened anyone. He heard "a bit of arguing going on" and he saw Aran Shivnan swinging an iron bar around. He had then picked up a chair to swing at Shivnan but missed. He denied smashing a window with a chair as he left and returning later to throw a brick through another window. He also denied making any threat to rape or using the words: "You're dead ... ril get you." Under cross examination he said that the cuts to his hands and arms occurred when he fell over onto a scoria flower bed outside the Powderkeg. In his summing up Judge Ryan said the charge of unlawful assembly required three or more persons to be found to have acted in a manner and in a common purpose so as to cause people to fear that violence against property would result. "Whilst this had been a disgusting performance - young drunks wandering down a street in the middle of the night looking for more drink - that in itself is not a criminal offence." Judge Ryan said that Aran Shivnan had in some measure contributed to the events of that night because an invitation of one sort or another had been issued whilst at the Powderkeg. "If it was his interests alone to be considered noone would be greatly concemed" he said. "However it must be the interest of Miss Aitken which have to be considered." Defendants Hawira and Rennie could not be held to have been involved in any of the incidents though they

were present at the time. The charges against them were dismissed. Because that left only two defendants the unlawful assembly charge could not be sustained. As to the charge of demanding money against defendant Blake, Judge Ryan said this offence is applied to much more serious circumstances and did not appear to be the appropriate and the charge was dismissed. When comparing the evidence between Helen Aitken and defendant Brown Judge Ryan said he had no difficulty in accepting the evidence of a sober young woman who had been looking on the restaurant's accounts rather than a young drunk who had admitted to consuming more that 12 beers. Judge Ryan found the threat to kill had been made by a young inarticulate drunk at 4am not knowing or not caring about the effect he was having on those Turnpage9

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From page 8 who heard him but it was not a threat that the law could treat seriously. "But the threat to cause injury and grievous bodily harm is well and truly proved," he said. Stephen Hoani Brown was convicted and sentenced to 3 month's imprisonment on the charge of threatening to injure and on the charge of intentional damage. The charges of threatening to kill and un lawful assembly were dismissed.