Burglary accused choose jury trial

Ruapehu Bulletin, Volume 10, Issue 440, 16 June 1992, Page 8

Burglary accused choose jury trial

The following cases were heard by Judge Richard Watson in the Ohakune District Court last Thursday. Senior sergeant Mike Deane of Taihape and Police constable Brian Wilson of Ohakune appeared for the prosecution together with Traffic Officer Ian Harrison of Ohakune representing the Ministry of Transport Elected trial by jjury Sean David Brebner, 22, shearer and Brendon Leigh Cole, 22, both of Ohakune appeared on a total of 19 charges, 18 of which involved burglaries in the Ohakune area

and in which both offenders were alleged to have shared. The properties involved were: 13 Park Avenue, Miro Park; 25F Park Avenue, Miro Park; Parkview Lodge, Miro Park; Unit 4, 12 Tawa Street; 21 Tawa Street; 17 Southridge Road; 32 Matai Street; 34 Matai Street; 46 Matai Street and a boatshed on the Kaitoke Road at Kaitoke. All these offences occurred over a period between 28 October 1991 and 25 March 1992. In addition to the burglary charges, Sean Brebner also faced a charge of being in pos-

session of a firearm (a Webley Mk2 pistol) except for some lawful, proper and sufficient purpose on 10 March. Both defendants pleaded not guilty to all charges and elected trial by jury. They were remanded on bail for a depositions hearing in the Taihape District Court on 28 July. Police opposed defence counsel's request for a variation to an earlier bail condition which prohibited defendants associating with each other. The police objection was granted. Counsel: Brian Mason

acting as agent for defendants solicitor in Wanganui. Dangerous driving Eugene Rangi Wilson, 22, market garden hand of Karioi, appeared on a charge of dangerous driving on State Highway One on 27 March. Court heard how defendant, with five passengers, had been driving a friend's car (one of the passengers) from Ohakune to Palmerston North to attend a concert for which each of them had paid $50. Defendant was first seen to overtake in a dangerous manner near

Utiku and then between there and Mangaweka, Flat Hills and Ohingaiti where he was finally stopped. He had continued to overtake other vehicles singly and in groups, twice forcing oncoming cars off the road. He ignored the MoT patrol car's flashing lights as the Traffic Officer followed him south clocking defendant travelling at speeds of up to 140km/h. When stopped it was found all the young passengers had been drinking though defendant's breath showed a level of 250/100 which was

within the 400/100 permissible limit. The traffic officer confiscated the ignition keys for two hours as the result of which none of the car's occupants were able to attend the concert and thereby forfeited their tickets. Judge Watson said that details described in the MoT report was "the exact scenario in which tragic accidents occur with a car-load of young people who had been drinking travelling at speed with no conccrn for other road users ... such driving was totally unacceptable." "The Traffic Officer did the right thing in confiscating the ignition keys because had you been allowed to travel on to Palmerston North there could very well have been a serious accident." "This had only been avoided earlier by the alertness of other drivers," he said. Defendant was convicted and fined $250, court costs $85 and disqualified from driving for 15 months. Counsel: Paul Brown. Assault and trespass charges Dwayne Joseph Henare, 22, unemployed of Ohakune, was rer manded without plea when he appeared on one charge of assaulting Stephen John Tier at the Snow Rock Cafe on 28 May and on one charge of trespass on those premises on the same date when, after being wamed by the owner to leave, he refused to do so. He was remanded on bail to appear again on 9 July with the proviso that he is not to enter licensed premises in the meantime either to consume or procure alcohol. Counsel: Brian Mason. Riotous behaviour Jason Myles Hern, 23, unemployed of Ohakune, was remanded without plea to appear in the Ohakune District court on 9 July to answer two charges. One charge was that he had behaved in a riotous manner likely to cause violence to persons at the Snow Rock Cafe on 28 May. The other charge was that he assaulted Stephen John Tier in the Snow Rock Cafe on 28 May. He was remanded on the bail condition that he was not to enter licensed premises either to consume or procure alcohol in the meantime. Counsel: Brian Mason. Assault Kake Paul, 18, unemployed of Ohakune, appeared on a charge of assaulting Stephen John Tier in the Snow Rock Cafe on 28 May. He was remanded without plea to appear on 9 July a condition of bail being that he was not to enter licensed premises either to consume of

procure alcohol in the meantime. Counsel: Brian Mason. Name suppression A 21-year old ski mechanic of Ohakune was remanded without plea on a charge of assaulting Stephen John Tier in the Snow Rock Cafe on 28 May. On the grounds that publication of defendant's name would prejudice his employment opportunities during the coming ski season and "on the presumption of innocence" he was granted interim suppression of name. Counsel: Brian Mason. Remand without plea Larry Taituha Tahana, 33, shearer of Raetihi, appeared on three charges with two other charges pending and was remanded without plea to 9 July. The three charges which were heard last Thursday were: being in possession of a firearm (a shotgun) while not being the holder of a firearms licence on 5 June; having possession of a shotgun while intoxicated on 5 June; causing intentional damage to two doors at the Ruapehu Hotel on 5 June. He was remanded on bail on the condition that he did not enter licensed premises either to consume or procure alcohol until his next appear ance. Counsel: Paul Brown. Cashed stolen cheques A 35-year old farmhand from Taihape was given a 50-hour community service sentence when he appeared on several charges relating to stolen cheques. Court heard that defendant had stolen one cheque-book from a friend on 13 April and later that day cashed a cheque at the Gretna Hotel in Taihape. Two days later on 15 April he cashed another cheque from the same cheque-book at the New Taihape Hotel. On 11 May defendant stole another chequebook from a local company and later that day cashed a cheque from that cheque-book at the Gretna Hotel. Judge Watson agreed with defence counsel that defendants' behaviour was completely out of character - his only previous conviction had been in the Children's and Young Persons Court 17 years earlier - but could not agree that this latest offence had been a 'spur of the moment' decision because defendant had forged the account holder's signature and had repeated the offence. In addition to the community service sentence he was also ordered to make reparation of $170 of which $100 had already been repaid. Counsel: Brian Mason. Turnpage9