Plea changed after DSIR evidence

Ruapehu Bulletin, Volume 9, Issue 432, 14 April 1992, Page 16

Plea changed after DSIR evidence

Frompage 14 companion drove a vehicle into the premises and started to move some of the contents around behind the now closed roller doors that he (defendant) became aware that his companion's intentions were more sinister than they first appeared. In his summing up Judge Toomey said that, up until defendant realised his companion was up to no good, he , (defendant) had done i

nothing wrong but from that point on, he should have left the premises and disassociated himself from the incident. As it was he was found asleep on the premises by the owner who had been alerted by passersby who had observed the suspicious activity. He was convicted and fined $300, court costs $85 and ordered to make reparation (for his cooffender's breaking of the window) of $90 in full by 9 May.

Counsel:

Paul

Brown

Remanded in custody

Riki Martin Surton, 32, unemployed of Ohakune, was remanded in custody on a total of four charges involving theft and burglary in Ohakune. He is to appear on 11 May for a depositions hearing and again on next month's normal Court sitting day in Ohakune on 14 May.

Curfew and alcohol ban

Douglas David Spiers, 21, bushman of Ohakune, was convicted and remanded on bail to appear in the Ohakune District Court on 14 May for a probation officers report and sentence, reparation report and sentence on three charges to which he had pleaded guilty - theft, wilful damage and burglary. All the charges: stealing a car radio cassette player after breaking the vehicle's windscreen; breaking several windows at the Powderkeg Inn; stealing ski suits to the value of $3,614 from the Powderhorn Ski Shop, related to the evening of 27 March when defendant claimed that things were getting on top of him and he had got drunk. A condition of his bail was that he reside at

180 Mangawhero Terrace, observe a night curfew, report to thel Ohakune police station between 5 and 6pm on Wednesday and Friday evenings, and not to enter licensed premises or partake of alcohol until his next court appear ance on 14 May.

Counsel:

Brian

Mason

Plea abandoned

Robert Thomas Allen of Wanganui and Dennis Taihana Tuirirangi, 44, of Pipiriki, appeared jointly on a charge of killing a cattle beast valued at $800 the property of Paul Bamber, on 19 October last year with the intention of stealing the carcass. At earlier hearings both defendants had pleaded not guilty so they appeared last Thursday to defe^'1 charges. The first prosecution witness was the owner of the cattle beast, Mr Paul Bamber of Jerusalem on the Wanganui River. He told the Court that as a result of a phone call the previous evening, which reported that some of his cattle were on the RaetihiPipiriki Road, he and his father had left home early on the moming of 19 October to check the report. When they reached the area on which their cat-

tle had been grazing they noticed a collapsed Taranaki gate beside the road but no sign of any cattle. Witness decided to drive another kilometre along the road to a wooden bridge over a steep gorge which he knew the cattle would not have crossed. He left his father Noel Bamber at the point at which they had originally stopped beside the broken Taranaki gate. When witness returned from the bridge (after finding no cattle) he saw his father in the company of two men who he hadn't seen earlier on the road. Both men (the defendants) were weari^'overalls (bo^1and - * ,.,ai they had -~ii pig hunting and were looking for their lost pig dog. Both were carrying sheath knives. They denied seeing any cattle at any time that morning. Shortly thereafter the Bamber's farm dogs found a freshly killed cattle beast which had been gutted with head and knuckles removed. The animal was still warm with steam rising from the brisket and the killing seemed to be quite a professional slaughter job according to witness. The severed head and inedible offal were later found nearer the fenceline. Both defendants agreed to wait while witness went to a neighbouring property to call the police. Second prosecution witness, Mr Noel Bamber of Jerusalem, testified that soon after being left at the broken Taranaki gate while his son drove up to the bridge a kilometre away, two men (the defendants) emerged from the bush. Both were wearing boiler suits and carried sheath knives. They seemed surprised to see him but explained that they had been pig hunting but had lost their pig dog. When asked, neither defendant could name their lost dog nor supply a description. During the entire time he spent with the two defendants - while waiting for his son to return and the police to arrive - witness didn't hear either man call for their lost dog. Witness confirmed that, after following some fresh tyre tracks in the long grass from the

road to a position near where his dogs had found the dead cattle beast, both he and his son found a yellow car with a clean tarpaulin ' laid out in the back. The final prosecution witness was Raetihi police constable Stuart Ngatai who said that following a phone call he went to the location given on the RaetihiPipiriki Road on 29 October and found both defendants as well as the two previous witnesses. He also found the freshly slaughtered cattle beast as well as the head from which he took the ear. This had an identification tag indicating that it was the property of Paul and Noel Bamber. He confirm"-1 iestimo*-- viie previous o witness and after speaking with defendants took a knife from one of them ... the other was not carrying a knife. Both men at that time had removed their overalls and were wearing casual clothes. On examining their yellow vehicle he saw one pair of overalls on the back seat as well as a clean tarpaulin. When he asked defendants about the blood and hairs on the knife he had confiscated he was told that it was from a goat they had killed. No firearm was found. He put the knife into one sample bag and a

specimen of the animal's blood and hair into another sample bag which were then sent to the DSIR the following day. After receiving a report from the DSIR a month later (on 21 November) confirming that both samples were identical (the blood and hair not being that of a goat) witness spoke again with defendant Tuirirangi who was unable to provide an explanation ... in fact he did not answer. Defendant was then arrested and charged. At the request of defence counsel the Court then took a short adjournment. When Court resumed defence counsel, Mr Paul Brown, said that his clients had changed their plea from not guilty to guilty. Judge Toomey indicated he would accept the guilty plea saying that it was "entirely appropriate". He also said he was very impressed with the careful and observant evidence given by the three prosecution witnesses, Paul and Noel Bamber and the Raetihi police constable Ngatai which had obviously led the defendants to change their plea to guilty. Both defendants were convicted and remanded to 14 May for a pre-sen-tence report and sentence. Counsel: Paul Brown