OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 10, Issue 465, 8 December 1992, Page 11

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Richard Watson in the Ohakune District Court on Thursday 19 November. Police sergeant Bob Evans of Ohakune appeared for the prosecution. Corrective detention? Pierre Ian Todd, 18, unemployed of Raetihi, was told that he was facing a charge of corrective detention when he pleaded guilty to charges of attempting to convert a vehicle, driving while disqualified, driving with excess breath alcohol ( being an unlicensed person) and careless driving. Court heard that Todd had broken into a vehicle belonging to Sue Joe and Sons in Seddon Street, Raetihi, on 11 September. He drove it to Duncan Street then turned left into Queen Street but lost control with the result that the car sustained damage to its front wheels when it hit the kerb on the opposite side of the street. Todd abandoned the vehicle and ran off. A short time later a constable investigating the incident heard the sound of breaking glass and found Todd standing beside a broken window behind the premises of Harris, Tansey and Harvey. He ran off but was chased on foot by the constable and, after scaling several fences, was located and apprehended while attempting to hide. In remanding Todd to appear again on 17 December Judge Watson said that he was considering a sentence of corrective detention but will wait until he receives a probation report before passing sentence next month. Counsel: Paul Brown. Anger problem Michael Anthony Manihera, 17, unemployed of Raetihi, was convicted and remanded till 17 December when he appeared on a charge of common assault. The assault on his father occurred when defendant learnt that he would not be eligible for the unemployment benefit after attending an employment agency in Wanganui. Court heard how defendant had taken out his frustration on a stereo and then picked a quarrel with his father who he assaulted and threatened with a knife. In remanding defendant for a probation officers report and sentence, Judge Watson said that defendant obviously had an anger management problem and this should be looked into. Counsel: Brian Mason. Sentence of community service Jerry Moses Tamatea, 19, workman of Raetihi, appeared for sentence on two charges relating to

theft of goods from a railway wagon and a bread van in Ohakune and one charge of receiving goods from the Parklands Dairy (details have been reported in earlier editions of the Bulletin). He was sentenced to a total of 180 hours community service and ordered to make reparation of $25 per week for his one-third share of the $2,800 goods stolen with two co-offenders. Through his counsel he expressed a wish not to appear in Court again and Judge Watson said that, while Tamatea had a bad record as a 17-year old who had committed three deliberate and serious offences in the early hours of the morning, he might well have turned the corner because of his changed (domestic) circumstances since then. Counsel: Paul Brown. "A determined break in" Tama Tamatea Paulo, 18, garden worker of Ohakune, pleaded guilty to a charge of breaking and entering the Country Cafe in Clyde Street, Ohakune on 4 November. After gaining entry in what was described as a 'determined effort' (he had smashed the deadlock) he stole cigarettes, confectionery, other goods and cash to the value of $1,750 which were disposed of within a few hours. Most of the cigarettes had been given away and could not therefore be recovered. Police sought reparation of $1,750 but Court heard from counsel that Paulo was currently on a 26-week stand-down period from work and could not pay reparation. He was convict&d and sentenced to 175 hours community service. Counsel: Brian Mason. "A silly offence" Kelvin Patrick Edmonds, 20, unemployed of Raetihi, pleaded guilty to four charges of stealing and using cheques to obtain goods and "have a good time" between 28 August and 3 September. None of the property has been recovered. Judge Watson told de-

fendant it was "a silly offence" as it was very easy to trace and identify the culprit who used the stolen cheques in his own small town. "You obviously have no idea how the (bank) cheque system works", he told Edmonds. He was ordered to make reparation of $450 at the rate of $50 per week or come up for sentence, before he appears again on 11 February next year. Counsel: Paul Brown. Fined Steven Naismith 33, joiner of Wellington (who did not appear) was convicted and fined $150, court costs $95 for a careless driving offence on 4 September. Evidence was given that Naismith had pulled out of a parking space in Clyde Street, Ohakune, as another car was pulling into the empty parking space directly ahead of defendant's vehicle. The driver of the other vehicle, James Ennis of Ohakune, testified that he had used his left hand indicator to signal his intention to turn into the vacant space. However, Naismith, in j a letter to the Court, ! claimed that he too had | indicated that he was intending to pull out from the kerb and would not accept responsibility for the resulting collision which, damaged complainants vehicle. In imposing the fine Judge Watson said that it was the obligation of drivers pulling out into lanes of moving traffic to check that the road was clear. Charge reduced Gene Henare, 18, unemployed of Raetihi, appeared to defend a charge of unlawfully taking a car on the night of 17-18 July after having pleaded not guilty at last month' s hearing. The first prosecution witness was Adam Dennis Perkins who told the Court that, after reporting his car had been stolen, heard from police next day that it had been located at National Park. He found the car had sustained damage to the gearbox ($300), rings

($750) and the tyres had been worn out through 'wheelies'. The engine had to be re-built at a cost of $1,080. Second prosecution witness, former police constable Jim Gosman of National Park, testified that as the result of a call from a member of the public in the early hours of the morning on 18 July, he found three youths in a car in Carrol Street outside the former National Park Post Office. He saw Henare sitting in the front passenger seat. Third prosecution witness was police constable Stephen Mastrovich of National Park. He said he received a call from the previous witness and had gone to the Post Office where he found three youths, one of whom was defendant Henare. When first interviewed Henare admitted to being a passenger in the car but gave his name as Dale

Haitana. He was arrested for unlawfully taking a vehicle and taken back to the police station. However, when he learned that the car's owner, Adam Perkins, was coming to National Park the following morning Henare had become very nervous and agitated as he realised that Adam Perkins would be able to identify him. Constable Mastrovich said that none of the defendants seemed to be very comfortable about Adam Perkins coming to the National Park police station. Henare then took the witness stand to give evidence on his own behalf. He said that he had been staying at his sister's home on the. Parapara Road when two friends came round at about 2 or 3 o'clock in the morning. They invited him to go for a ride in a Holden motor vehicle which he knew belonged to Adam Perkins. Tumtopage 10

OHAKUNE DISTKECT COURT

From page 1 1 He said that he did not ask his two friends, Pierre Todd and Richard Todd, why they were driving around in this vehicle but one of his co-offend-ers had said that he'd found it abandoned 'by the lake' and thought it had already been stolen (converted). Henare explained that he had given a false name when arrested because he was then under curfew and thought he would be locked up if his real identity was revealed. He also said that he

feared he would be 'cracked' by Adam Perkins when he was confronted by complainant, though he claimed he did not know the vehicle had been stolen until the police had told him. One on the co-offend-ers, Pierre Todd, was then called to the witness stand. Todd admitted to initially taking the vehicle and said that he had already been charged and convicted for that offence.

He said that he had picked up his cousin Henare about 15 minutes after finding the Holden car by a lake or river and had driven it to National Park. He could not explain how the damage was done to the engine, gearbox and tyres but denied doing 'wheelies' in and around National Park. He told the Court that at no time had his cousin Henare driven the car that night. Judge Watson said that after consulting with the prosecution and defence counsel, the charge would be reduced from unlawfully taking a car to one of being unlawfully in a car as Henare had not been involved in the original theft nor had he been a party to it. In his summing up Judge Watson said this modified high performance car had obviously been taken for 'joy-rid-ing' and it was difficult to believe it had not been driven to the limits of its performance. The fact that the engine had been 'cooked', the tyres worn out and the police had been called out in the middle of the night by a member of the public, all indicated the three offenders had been 'joyriding'. Henare maintained his plea of not guilty to the lesser charge but was convicted and fined $500, court costs $95 and disqualified for six months. Counsel: Paul Brown