OHAKUNE DISTRICT COURT

Ruapehu Bulletin, 25 August 1992, Page 16

OHAKUNE DISTRICT COURT

One defended case was heard by Judge Edward Ryan in the Ohakune District Court this month. Police Sergeant Bob Evans of Ohakune appeared for the prosecution. Paul Brown appeared for the defendant. Peter Sydney Low, 24, tree planter of Pipiriki, earlier pleaded not guilty to charges of being in possession of an instrument capable of being used in the commission of a burglary; resisting lawful custody of a police constable and escaping the custody of Police Constable Stuart Ngatai of Raetihi on 21 April. Prosecution witness Stuart Ngatai said he had been on a routine foot patrol in Raetihi on 21 April when, at 2.45am, he saw a car do two U-turns on Seddon Street then park nose out from the kerb. Mr Ngati said that he saw Low get out of the car and walk across the footpath towards the Pricecutter store with a wheel-brace raised, as if to strike. At that point he said he stepped out of the shadows and ordered Low to stop. He heard Low's associate, still in the car, call out "Peter, Peter". The constable 's order i; was ignored and the dej: fendant retumed to the ve;i hicle and drove off. The registration numi ber, noted by Mr Ngati, i proved to be that of the brown Holden belonging to Low. Next day, Mr Ngati went to Low's house in Pipiriki with a search warrant. Low had immediately become very aggressive and abusive according to Mr Ngati and, when an attempt was made at an arrest, he had run away into some bush and hidden. After abandoning a search Mr Ngati returned to Low's vehicle and found a wheel-brace in the

boot. Low took the stand and said he had been attending a wedding party in Raetihi that evening. He had arrived at about 6pm and except for leaving to get "some more grog" from the Raetihi and Ohakune hotels with a companion at about 9pm he said that he had not left the address in Ballance Street until next morning. Low said his car had been borrowed by two friends who he described as 'out-of-town mobsters' only one of which he knew - by the name of 'Dog', in the early hours of the morning so that they could get more alcohol. Under cross examination he denied he had left the party between 9pm until "it was cracking dawn" the next morning when he returned home to Pipiriki. The next defence witness was Gaylene Te Hore who said she had been attending her sister's wedding party on the night in question. She said Low had arrived "about 5.306pm." , She had accompanied Low to the Ohakune and Raetihi hotels early that evening - "it must have been before 10pm because the pubs were both open" - to get some more beer but they had travelled in her car. Shortly after returning she saw a group of mob members outside the house and Low had stopped to talk to them. They were dressed in dark leather gear similar to that of Low and one resembled him in height and build. They left driving their van but returned about 22.30am asking for Low and asking to borrow his car to get some alcohol. Te Hore said she was certain Low was in the house all night and did not

accompany the two Mob members when they took the car. In his summing up Judge Ryan said there was 4 no dispute about the fact that Low's car had been driven around Seddon Street on that night but it was a question of who was driving, he said. "I can well imagine the surprise of this car's driver who, on getting out of the vehicle with a wheel-brace to commit a burglary, suddenly sees the local policeman step out of a nearby doorway at 2.45am." Judge Ryan said constable Ngatai had been able to recognise Low immediately because he was already known to him. He questioned Low's assertion that he had lent his car to two mobsters one of whom "rejoices in the name of Dog" and wondered why another defence witness who had been called by Low had decided not to give evidence. He said the prospects of getting beer at 2am in either Ohakune or Raetihi t would be difficult enough for locals and even more so for others who were not familiar with the area. "How would two mobsters from Wanganui know where to obtain alcohol at that hour of the morning?" He found the charge of resisting arrest had not been proved beyond doubt. On the other two charges and a further charge of driving with excess breath rated alcohol of 1150/1 (the legal limit is 400/1) on Golf Road in Taumarunui on 6 August; to which he has pleaded guilty, defendant was convicted and remanded for a probation officers report and sentence to 10 September.