Four-hour trial after plant theft

Ruapehu Bulletin, Volume 10, Issue 441, 23 June 1992, Page 10

Four-hour trial after plant theft

At the end of a defended trial lasting nearly 4 hours and in which testimony from 6 prosecution witness were heard, Aaron Brent Shivnan, 27, chef of Ohakune, was convicted and remanded on bail for sentence on a charge of theft of plants and shrubs valued at $100 from the Ohakune Tyre and Energy Centre in January this year. The first prosecution witness was Tony Murphy of the Phoenix Garden Centre in Palmerston North who testified that he had been consulted by part-owner of the Ohakune Tyre and Energy Centre, Christine Reynolds, on 10 January about the type of plants suitable for the Ohakune climate and Ms Reynolds

had subsequently purchased a total of 19 plants including Nandina Pygmy (dwarf bamboo) and Gumbo Azalea. He was later sent some leaf samples from the Ohakune police and was able to confirm that these samples matched the batch of plants at the Phoenix Nursery from which Ms Reynolds had purchased hers. The second prosecution witness was Ms Christine Reynolds who said that she had planted the shrubs in the service station forecourt on Sunday 12 January as part of a landscaping programme at the newly refurbished

Ohakune Tyre and Energy Centre. She subsequently went away but when she returned on 16-17 January she noticed that 3 azaleas and 5 bamboo plants were missing. On 22 January while walking past defendant's house on the corner of Arawa and Clyde Streets, Ohakune, she saw plants similar to those she had planted at the service station, in defendant's garden. She reported this to the police. The third prosecution witness was Mrs Darnella Hawira of Arawa Street, Ohakune, who testified that, while working at

the Ohakune swimming baths over the summer months, she walked past defendant's house and the service station every day. She noted that defendant had been doing a lot of tidying up in his garden over Christmas and in January. She also noted that some new planting of shrubs - including the dwarf bamboo which she recognised because she had some in her own garden - had been carried out at the service station. A few days later while returning from Raetihi she noticed that several of these recently-planted shrubs, including the brightly coloured Nandina, were missing from the service station forecourt. A few days later, while walking to work, she noticed similar brightly coloured- Nandina in defendant's garden. She had not noticed these before when there had been so much gardening activity in which she had taken an interest. The fourth prosecution witness was Mrs Bea Barnes of Kunikraft, Ohakune. She said that she had not purchased any azaleas since 18 August last year and those that had been purchased had all been sold by the end of September. Nor did she stock Nandina over the summer months. The fifth prosecution witness was a nursery man, Mr John Cairns, owner of Taumarunui Orchids and Plants Limited. He told the Court that he had received a letter from defendant in February in which defendant asked for confirmation in writing that he, defendant, had purchased, for cash, a number of plants valued at $130 -$140 in late November or early December. Witness could not remember the purchase nor did he recognise the defendant (in Court) but did search back through his till tapes without finding any record of the purchase referred to. Nor could he reconcile the amount claimed to have been paid for with the number of plants claimed to have been purchased. "The normal price for the 8 shrubs claimed to have been purchased didn't match up ... they wouldn't have cost more than $108, possibly less," he said. The sixth and final j prosecution witness was police constable Wayne Streeter of Ohakune. He said that, in the company of constable Greg Phillips, he had gone to defendant's property in Arawa Street as the result of information received. There he found 3 azaleas and 5 nandinas and when he asked defendant for an explanation was initially told that some had been purchased from

Kunikraft. However, when interviewed at the Ohakune police station later (on 22 January) defendant had said he'd bought the plants in Taumarunui and had paid cash for them. Defendant was then arrested. When defendant took the witness stand he told the Court that he had paid cash for these plants on this occasion because he didn't operate a cheque account. He said previous purchases had been made by his partner who operated a cheque account and who had bought plants for the restaurant (Samuels) which she owned and they both operated last year. Defendant said that some of the plants in their Arawa Street garden had been transplanted from Samuels Restaurant in the Junction. In his summing up Judge Watson referred to defendant's letter to Taumarunui Orchids and Plants seeking confirmation of a purchase as being "selfserving". He complimented witness Hawira on her contribution to the prosecution case. "She is obviously an alert observer interested in everything going on about her with a keen eye for detail which would make her an ideal person for supervising the local swimming pool ... she will have got the children taped as very little will have passed her by," he said. "She would be a marvellous attribute to any Neighbourhood Watch Scheme "The coincidence that the same number of plants having been stolen from Ohakune Tyre and Energy Centre turning up a few days later in a nearby garden is too strong to ignore and the fact that defendant has given three quite contrary explanations is beyond credibility," said Judge Watson. "Moreover your manner in the witness box suggests that you were not intimidated by the police questioning as you had claimed but were too smart for your own good". Defendant was convicted and remanded to appear before Judge Watson in the Wanganui District Court on 30 June. Counsel: Brian Mason.