OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 10, Issue 443, 14 July 1992, Page 11

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Lynton Laing in the Ohakune District Court last Thursday. Police Sergeant Bob Evans of Ohakune appeared for the prosecution. Prison tevm for assault Jason Myles Hern, 23, unemployed of Ohakune, was sentenced to two months imprisonment on a charge of assaulting Stephen John Tier proprietor of the Snow Rock Cafe in Thames Street, Ohakune, on 28 May. A charge of behaving in a riotous manner likely to cause violence to persons was withdrawn by consent. On the assault charge to which defendant pleaded guilty, Court heard how defendant had initially been refused admission to the Snow Rock Cafe because of the way he was dressed. After leaving and changing his clothes he had returned and been allowed in, where-upon he proceeded to taunt the complainant at length. Finally defendant went behind the bar, where the complainant was serving and a fight started. Three of defendant's

companions and other patrons joined in the general melee that followed causing $2,000 worth of property damage. In his summing up Judge Laing said that, though the complainant was certainly injured and required medical attention and hospitalisation, it was not possible to say that all the injuries had been inflicted by the defendant because others had joined in. "However it was your conduct and initial confrontation and fight with the complainant that gave rise to the serious violence which ensued," he said, "but on a charge of assault the Court has no jurisdiction to impose a reparation order". A fresh charge of allowing premises at 7 Tay Street, Ohakune, to be used for the smoking of cannabis on 28 June, has yet to be heard.

Counsel:

Brian

Mason.

Assault charge Kake Paul, 18, unemployed of Ohakune, pleaded not guilty to a charge of assaulting Stephen John Tier at the Snow Rock Cafe on 28 May. He was remanded on

bail for a defended hearing in the Ohakune District Court on 10 September when he will also face a charge of possession of cannabis in Tay Street, Ohakune, on 28 June.

Counsel:

Paul

Brown.

Name suppression A 21-year old ski mechanic was granted further suppression of name when he appeared again on a charge of assaulting Stephen John Tier at the Snow Rock Cafe in Thames Street, Ohakune, on 28 May. He pleaded not guilty and was remanded to appear in the Ohakune District Court on 13 September for a defended hearing.

Counsel:

Paul

Brown.

Periodic detention Dwane Joseph Henare, 21, unemployed of Manurewa, Auckland (formerly of Ohakune), pleaded guilty to a charge of trespass at the Snow Rock Cafe on 28 May but a charge of assaulting Stephen John Tier on those premises and on that date was withdrawn by consent on the grounds there was insufTurn to page 14

OHAKUNE DISTRICT COURT

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ficient evidence to convict. Court heard how defendant, who had previously been banned from the Snow Rock Cafe, had rushed through the door and was present when the general melee started. Defendant had since apologised to the complainant (the proprietor of the premises) and moved up to Auckland where he has found work. He was convicted and sentenced to 5 months non-residential periodic detention at Papakura.

Counsel:

Brian

Mason.

Not guilty plea Stephen Hoani Brown, 21, bushman of Ohakune, pleaded not guilty to a charge of causing intentional damage to a window at the Powderkeg Inn in Ohakune on 28 June. He was remanded on bail to appear in the Taihape District Court on 27 August for a defended hearing. Bail conditions included a daily 7pm - 5 am curfew and a prohibition against entering licensed premises before his next Court appear ance. Convicted and fined Junior Hohepa Kaata, 19, trainee bushman of Ohakune appeared on a charge of assaulting Campbell John Zimmerman, manager, at the Powderkeg Inn on 28 June. Court heard how defendant had taken exception at being asked to leave because the premises were already crowded and further entry was being refused. Defendant, who had earlier been inside, pushed complainant against the wall before punching him. Defendant was later the recipient of some, "rough summary justice" during which he was head-but-ted, suffered a broken nose and was knocked unconscious. He recovered consciousness some time later in Tay Street. He was convicted and fined $250, court costs $85 with the condition that $200 of the fine was to be paid to the complainant. The fine was to be paid at the rate of $20 per week.

Counsel:

Brian

Mason.

Diversion being considered An 18-year old unemployed female was to have faced a charge of intentionally damaging a police vehicle by breaking a side window (valued at $85) outside the Powderkeg Inn on the night of 27 June. Because she is a firstoffender she has been remanded until 13 August to give Police an opportunity to consider Diversion as an appropriate alternative to conviction and sentence. Providing explosives Frank Francis Matangi, 35, unemployed of Mangere, Auckland, was remanded without plea to appear in the Wanganui

District Court tomorrow (15 July) on a charge of providing explosives to make a "Molotov cocktail" on 28 June.

Counsel:

Brian

Mason.

Convicted and discharged Mavis Sharon Leef, 24, unemployed of Ohakune, pleaded guilty to a charge of supplying a false name when stopped in Manurewa, Auckland, on 6 December last year. Court heard how defendant, who didn't hold a drivers licence and was driving a vehicle without a current warrant of fitness when stopped, had panicked and given her sister's name and address to the traffic officer. The traffic officer issued infringement notices for these two offences resulting in instant fines totalling $500. Judge Laing said these fines were in excess of what a Court would have imposed and also exceeded the limit of $250 that could have been imposed by a Court before ascertaining defendant's ability to pay. She was convicted and discharged.

Counsel:

Brian

Mason.

Remanded in custody Raukawa Tauwharetoa Gupwell, 25, forestry worker of Ohakune, appeared on three charges related to a 2-vehicle accident in Goldfinch Street, Ohakune, at 11.30pm on 2 August last year. Court heard how, as defendant had attempted to overtake six vehicles near the Hobbit Motel, he had collided with the leading car as it was turning right into Wye Street. When he first appeared on charges of driving without a licence, dangerous driving causing injury and of being an unlicensed driver with excess blood alcohol, not guilty pleas were entered and a defended hearing was arranged to be heard last Thursday. This meant that prosecution witnesses (including the complainant who received serious head injuries) had to attend from Wellington, Hamilton

and Auckland. However, when defendant appeared in Court on Thursday a change of plea from not guilty to guilty was entered on the first two charges leaving only that of being an unlicensed driver with excess blood alcohol to be contested. Court heard how, following the accident, defendant - who had. been injured and concussed - was placed in an ambulance and a blood sample was taken by a doctor (presumably to assess the most appropriate medical treatment). At that stage defendant had not been arrested nor had he been advised as to his rights and that he was entitled to consult a solicitor. The legal and constitu-

tional issues t- which were debated at length by defence counsel - centred on the question as to whether or not defendant was technically 'detained in custody' when the blood sample was taken. The debate, after several examples of obscure (at least for the layman) case law, the Bill of Rights and legal precedent were quoted, resulted in a plea of guilty. Defendant was remanded in custody to appear in the Wanganui District Court until this Friday (17 July) for a probation officers report and sentence.

Counsel:

Brian

Mason.

Remanded on bail Hohepa Joseph Pekama, 35, bushman of Ohakune, appeared on a charge of assaulting his de-facto wife in the Ohakune motor camp on 25 June. Defendant explained that his de-facto wife was a manic-depressive currently attending psychiatric treatment in Wanganui and, because of her inability to cope with day-to-day decisions and responsibilities, he had had to take the action described in the assault charge... "I'm her babysitter and the only one who is prepared to take care of her", he said. He was remanded on bail (rather than receive a custodial sentence) because bail had some benefit both for the complainant as well as the defendant in this case, said Judge Laing. Defendant was remanded to appear in the Wanganui District Court yesterday (13 July) for a probation officers report and sentence.

Counsel:

Paul

Brown.

Token sentence Bruce Francis Liddle, of Ohakune pleaded guilty to a charge of driving with no distance licence when he was stopped on the Raetihi/Ohakune road ($H49) near Rochfort Park on 22 April. Mr Liddle, who represented himself, explained that he had originally pleaded not guilty on the grounds that, as a result of a recent modification, his Ford truck needed to have the whole wheel assembly removed in order to change a (punctured) tyre and this required a temporary detachment of the hub-a-dometer. He had placed the hub-a-dometer in the glovebox and produced it when stopped. In his summing up Judge Laing said that if the defendant had left the Court that day and hit a traffic officer, the maximum sentence that could be imposed was $1,000, whereas, by removing his hub-a-dometer, defendant was liable to a fine of $10,000. In convicting and fining defendant $100 Judge Laing emphasized that this was a minimum 'token' sentence given the circumstances and defendant's explanation.