Prison follows broken promises

Ruapehu Bulletin, Volume 9, Issue 437, 19 May 1992, Page 9

Prison follows broken promises

The following cases were heard by Judge Patrick Toomey in the Ohakune District Court last Thursday. Police Constable Brian Wilson of Ohakune and Detective Sergeant Bruce Henry of Taihape appeared for the prosecution. Traffic Office Ian Harrison of Ohakune appeared for the MoT. Prison term Douglas David Spiers, 22, bushman of Ohakune, appeared for sentence on three charges to which he had earlier pleaded guilty. The charges were: stealing a car radio valued at $500; breaking and entering the Powderhorn Ski Shop in which $6844 worth of ski apparel was taken and causing intentional damage to several windows at the Powderkeg Restaurant. All these offences occured on the night of 27 March. Court heard of defendant's intention to make good the damage and loss by way of reparation but this was rejected by Judge Toomey who said the defendant's. criminal record was full of similar promises: he had failed to pay earlier fines and reparation and had not carried through his intention to undertake alcohol assessment and treatment. He was convicted and sentenced to 12 months imprisonment on the burglary charge and to one month's imprisonment (concurrent) on each of the other two charges. On the charge of failing to pay earlier fines he was convicted and sentenced to a cumulative term of one month's imprisonment. Counsel: Brian Mason. Remanded in custody Riki Martin Surton, 32, unemployed of Ohakune, was to have appeared on a defended charge of burglary as well as another to which he had earlier pleaded guilty but when he made an appearance last Thursday he pleaded guilty to both charges. A third charge was withdrawn by counsel as

police indicated there was not enough evidence to prove defendant's involvement. The properties involved were both in Miro Street, one at number 117, the other at 52B. Counsel appealed for bail for defendant who had already spent a month in custody since his last appearance but this was opposed by Police who said that defendant had acknowledged that he did not fit readily into society. Defendant was remanded in custody to appear in the Wanganui District Court on 26 May for a pre - sentence report and sentence. Counsel: Paul Brown Joint charges: identical sentences Robert Thomas Allen of Wanganui and Dennis Taihana Tuirirangi, 44, of Pipiriki - who were both found guilty after a defended hearing last month on a charge of killing a cattle beast valued at $800, the property of Paul Bamber - appeared for sentence. Both defendants had abandoned their notguilty pleas after overwhelming evidence presented by the prosecution. Through their counsel both defendants expressed regret and re^ morse for what they had done. In his summing up Judge Toomey said that this remorse would have been better expressed by an initial plea of guilty rather than trying to deny the offence thereby neccesitating a defended hearing. He also pointed out that the complainant had lost a very valuable cattle beast which had been bred for high quality semen and defendants were fortunate that the complainant had not claimed for the full potential of this animal had it survived. "The potential would have had more value than the animal itself", he said.

Both defendants were sentenced to 100 hours community service each. They were also ordered to reparation of $400 each and pay $79.24 each to the DSIR for analyst's fees. Counsel: Paul Brown Assault on female Robert Daniel Edmonds, 24, unemployed shearer of Raetihi, was remanded without plea on a charge of assaulting a female, Jackie Michelle Condon, on 10 April. He is to appear again on 1 1 June for the taking of a plea. Counsel: Paul Brown. Remanded without plea Peter Sydney Low, 23, tree planter of Pipiriki, was remanded without plea on a total of four charges in order for him to obtain legal aid. The charges were: Driving while disqualified on 21 April; possessing instruments by night which were capable of carrying out a burglary; resisting Police Constable Stuart Ngatai of Raetihi and; escaping from the cus- ' tody of Police Constable Stuart Ngatai. All these offences related to an incident on the night of 21 April. Defendant is to appear again on 11 June for the talking of a plea and representation by counsel Change of charge Vernon Leslie McLeod, 23, unemployed of Ohakune, agreed to plead guilty to a charge of receiving after the original charge of burglary was amended by consent. Court heard how defendant had been drinking with friends in the Ruapehu Hotel in Raetihi when they decided to leave in a vehicle belonging to one of his companions. When his fellow passengers broke into Kaycees Stores, Seddon Street, opposite the hotel, defendant remained in the car but accepted a packet of cigarettes valued at $5 which had been stolen by Adam Haitana. Because of defendant's earlier criminal record this relatively minor offence was regarded as more serious than it appeared. He was convicted and sentenced to 20 hours of community service and ordered to make a reparation payment of $5 forthwith. He was also ordered to make reparation payments for earlier offences at the rate of $30 per week or face a warrant for arrest and a custodial sentence of 8 weeks if these payments were not made. Counsel Paul Brown Warrant for arrest When Stephen Patrick Munro, 21, unemployed of Raetihi, failed to ap-

pear on a charge of driving with excess blood alcohol on 9 February, a warrant for arrest was issued. Court heard how defendant, who was now living in Te Puke, was unable to get to Ohakune for the hearing and had requested that the charge be transferred to Te Puke but had done nothing to get the case transferred. The charge was that he had been driving with blood alcohol in excess of the allowable limit of 80/100 by 116/100. Excess breath alcohol Robert Rex Prentice, 36, shepherd of Karioi, pleaded guilty to a charge of driving with excess breath alcohol on State Highway 49 at Waiouru on 5 April. The charge was that he exceeded the allowable limit of 400/100 by 750/100. He was convicted and fined $750, court costs $85 and disqualified for 7 months. The fine was to be paid at $50 per week. Common Assault Gail Mareikura, 27, housewife of Raetihi, pleaded guilty to a charge of common assault against a female on 8 April. Court heard how defendant had attacked the complainant at about lpm outside the supermarket in Seddon Street, Raetihi with the words: "You have broken up my family". Defendant was convicted and sentenced to 30 hours community service. Counsel: Brian Mason. Name suppression A 22-year-old beneficiary of Raetihi was remanded to appear in the Ohakune District Court on 11 June to answer a charge of receiving. She was granted interim name suppression in order to inform her children and other family members. Counsel: Paul Brown.

Supervision Jerry Tihe Henare, 23, unemployed of Ohakune, was sentenced to 12 months supervision when he appeared for sentencing on a charge of breaking and entering Waimarino Wines on 25 February. Court heard that defendant had since apologised to the owners and repaid $360 of the $366 reparation sought. He had also agreed to undertake in patient assessment and treatment for his alcohol problem. Counsel: Brian Mason. Fine defaulters The following defendants appeared for non payment of fines and each were sentenced to terms of community service: William Te Hore of Raetihi (120 hours); Geoffry Pearson of Ohakune (110 hours); Celine Rahi of Ohakune (120 hours). Defended hearing Thomas Ian Hemara, 17, unemployed of Ohakune, appeared for a defended hearing on two charges: one of burglary of a dwelling house in Ti Kouka Place, Ohakune, on a date between 17 and 22 November last year and one of causing intentional damage to windows at the Timberlands Flats in Clyde Street, Ohakune, on 6 December. Defendant did not engage counsel and represented himself on both charges, which were heard separately. The first prosecution witness on the burglary charge was Carol Patricia Lange who explained that while staying in Ti Kouka Place in November last year she saw lights on at about 1.00 am in a neighbouring house which she knew to be unoccupied. She contacted the police and, while waiting for them to arrive, saw three people leave the house. The second prosecution witness was Police Constable Wayne Streeter of Ohakune who said that he took a fingerprint from the win-

dow which had been forced open to gain entry to the dwelling house at 12 Ti Kouka Place. He sent this fingerprint to Police headquarters in Wellington where it was matched with those of the defendant. These had been recorded earlier by police for a former unrelated charge and kept on file in Wellington. The third prosecution witness was detective sergeant Robert Tingey from the fingerprint division at Police headquarters in Wellington. He said he received a thumb print from Ohakune on 28 November and found it matched that of defendant in 12 significant and unique respects. He had no doubt the print was that of defendant. An enlarged photocopy of the print was produced in court as an exhibit. Defendant then gave evidence on his own behalf. He said that he had never been at the house in Ti Kouka Place and was at a party in Ruapehu Road on the night in question. A defence witness, Manuel Hemara, said that defendant was with him all night at a party in Ruapehu Road from 6pm until 4am the following morning. In his summing up on the burglary charge Judge Toomey said that defendant's claim that he had never been on the property at 12 Ti Kouka Place was clearly untrue because "how else would defendant's fresh thumb print been found on the window?" "Because defendant had denied ever being there the print could not have been left on an earlier and perhaps quite innocent occasion," he said. On this burglary charge defendant was convicted and sentenced to 20 hours of community service and ordered to make reparation of $334 at the rate of $10 per week. The second charge, of causing intentional damage to windows, was then heard. The first prosecution witness was Alan Wayne Mareikura, a cousin of the defendant, who testified that while at home at Timberlands on 5 December and having a few drinks with friends he saw three people smashing windows in a neighbouring house. He clearly identified defendant as being one of those involved as it was a well lit area. The second prosecution witness was Police Constable Brian Wilson who said that when interviewed later, defendant denied all knowledge of the incident and said he had not been there. Defendant then took the witness stand and said he had been at two parties at the Timberlands Flats that night but had not broken any Turnpage 12

OHAKUNE DISTKCCT COURT

From page 9 windows. He had consumed about six beers during the evening. He then produced two defence witnesses, Aroha and Joanne Kohu, who both said defendant was with them at the two parties all evening. He had been at one of the parties when they arrived and had hung round them all evening as they went from one party to the other until finally they had to carry him because of his intoxicated state. In his summing up

Judge Toomey said that in such a situation - attending two parties at two houses not very far apart it was quite possible that both defence witnesses could be genuinely and sincerely mistaken about defendant being with them throughout the whole evening for it would take defendant only a few minutes to visit the toilet or smash the windows of a neighbouring house. "I cannot exclude the possibility that the defendant was away from

his witnesses for a few minutes during the course of the evening," he said. He said he would accept the evidence of the two prosecution witness who, having no axe to grind, had testified that they clearly saw defendant, in a well-lit area, smashing windows in the house opposite. Defendant was convicted and sentenced to 20 hours community service and ordered to make reparation of $50 at the rate of $10 per week.