Prison follows burglaries

Ruapehu Bulletin, Volume 9, Issue 425, 25 February 1992, Page 9

Prison follows burglaries

The following cases were heard by Judge Laing 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. Prison Term Dwayne Joseph Henare, 22, unemployed of Ohakune, was sent to prison for 6 months when he appeared for sentence on four charges to which he had earlier pleaded guilty. On a charge of break-

ing and entering Jeans City Ltd in Ohakune on 1 January and stealing 15 pairs of jeans valued at $839 (and unrecoverable) he was convicted and sentenced to 6 months imprisonment. On a charge of breaking and entering Kaycee Stores in Seddon Street, Raetihi, two days later on 3 January he was given a concurrent 6 months jail sentence. On a charge of receiving two pairs of jeans valued at $100 each on

15 December knowing them to have been stolen from Jeans City Ltd, he was sentenced to 2 months imprisonment (to be served concurrently). On a charge of theft of a video cassette tape valued at $20 from the Ohakune Police Station on 3 January (he threw the tape through the window while being questioned by police) he was convicted and discharged. In respect of the burglary of Jeans City on 1 January, court heard that defendant had smashed both an inner and outer wall to the premises but when questioned by police about the offence denied all knowledge saying that he couldn't understand how his fingerprints had come to be found there. . Counsel: Brian Mason Remanded in custody George Lee Hemara, 22, unemployed of Rangataua was remanded in custody until his next court appearance in Ohakune on 19 March. He had earlier changed his plea to guilty on a number of charges to which he had originally pleaded not guilty. These included: • Stealing a Husqvanna chainsaw valued at $350 the property of Neville Clarke between 13 and 15 October last year. • Intentionally' leaving open the doors of a New Zealand Railways container at Tangiwai railway siding on 30 July thereby causing damage to a concrete standard beside the track carrying power for traction on the North Island Main Trunk line when the insecure door swung open and struck the standard cutting off supply and resulting in a delay to train traffic of 3 hours. Damage amounted to $15,000. • On or about 29 July stealing from railway carriages: 16 cartons of Muller Thurgau wine; seven cartons of picture frames and six cartons of Mother Earth health food bread loaves to the total value of $2,500. • On 30 July stealing, from railway containers: 3 boxes of engineering components valued at $109; one package of roofing accessories valued at $147; 10 cases of sterile plastic bags valued at $887; 2 cartons of fruit loaves valued at $25; 4 cartons of plastic-ware valued at $566; 2 cartons of cleaning fluid valued at $75; 5 cartons of fruit loaves valued at $182; 141 picture frames valued at $2,627; 16 cartons and 5 bottles of Muller Thurgau wine valued at $1,379. Total value $6,941. • A week later, on the night of 7 August, being found in a public place

(the Tangiwai railway siding) behaving in a manner from which it could reasonably be inferred that he was preparing to commit a crime (he was dressed in dark clothing and carrying a torch, a knife and a crowbar). • Three months later between 29 October and 7 November, receiving 4 pairs of Skellerup Red Band gum boots; 11 packets of Surf rubber gloves; 2 Betacraft raincoats; two Line 7 parkas; one set of Line 7 leggings and three 20litre drums of Roundup spray to the total value of $1,201, the property of Turners and Growers. To one charge of assaulting a traffic officer and one charge of damaging a Ministry of Transport car radio on 24 January he pleaded not guilty and will appear for a defended hearing on these charges when he appears for sentence on the other guilty-plea charges on 19 March. He was remanded in custody because he had breached his bail conditions previously when he failed to observe a curfew and had entered licensed premises. Counsel: Paul Brown Excused appearance Robert Thomas Allen of Wanganui and Dennis Taihana Tuhirangi, 44, of Pipiriki were again remanded on a charge of killing a cattle beast valued at $800, the property of Paul Bamber, on 19 October last year. Counsel for both defendants, Mr Paul Brown, pointed out that this was his clients' third appearance in Court on this charge but, owing to procedural difficulties and the fact that one of the prosecution witnesses was overseas, the case was once again unable to proceed at no small inconvenience and cost to the defendants who did not live locally. In setting the case down for hearing again on 19 March for the hearing of evidence, Judge Laing excused both defendants from having to make a personal appearance. Counsel: Paul Brown Cannabis Maria-Lee Burland, 21, domestic purposes beneficiary of Ohakune,

pleaded guilty to one charge of possession of cannabis plant on 3 February and to one charge of possessing a pipe for the purpose of committing a crime under the Misuse of Drugs Act on 6 February. A further charge of possession for supply was withdrawn by consent. Defendant was remanded to appear for a probation officers report and sentence on 19 March Acquitted A 32-year old farmer who was granted final suppression of name was acquitted on charges of possessing cannabis plant and cannabis seed following the execution of a search warrant on his farm on 4 September last year. Cannabis plant had been found in a container in an implements shed and 8 cannabis seeds had been found in a small tin in a room (adjoining the kitchen) which was used for the storage of food as well as for storing camping and fishing gear, busi-ness-related papers and files. Court heard testimony from three prosecution witnesses one of whom resided with defendant and said the farm buildings and rooms where never locked. They were therefore readily accessible to the many regular and casual visitors who often stayed overnight or duririg weekends. Judge Laing ruled that while the police had acted properly in bringing the prosecution, they had not proved beyond reasonable doubt that defendant has possession of the cannabis seed and plant. "Possession requires two conditions to be fulfilled. One requires that defendant had knowledge of the cannabis. The other condition requires that defendant exercised control over the cannabis." "From the evidence presented, while there is a strong possibility that defendant knew of and had control of the cannabis, it hasn't been established beyond reasonable doubt"