OHAKUNE DISTRICT COURT

Ruapehu Bulletin, 22 June 1993, Page 6

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Richard Watson in the Ohakune District Court last Thursday. Police sergeant Bob Evans of Ohakune appeared for the prosecution. "Safety went out the window" Noverad Enterprises Limited faced a charge of "having carried out or permitted a method or practice with a bush undertaking in a manner that was, or was likely

to be, dangerous to the person working in it or to other persons on 26 November 1992 in contravention of the Bush Workers Act 1945. Defending the charge was Noverad Enterprises owner Ronald John Gray who represented the company. Appearing for the Department of Labour was Stephen Ross of Wanganui. Noverad Enterprises employee Harry Tupara had "done everything wrong" during a tree-

felling operation in Karioi Forest on 26 November according to bush inspector Trevor James Hayes and, while Tupara sustained several fractures, he was lucky not to have suffered even more serious injury. According to Mr Hayes, Tupara had used several unsafe and dangerous practices which were directly responsible for the accident. On visiting the accident site Mr Hayes noted that among these practices Tupara: • Had been working under a tree that was already 'hung-up' (leaning against) the tree he was felling. This was an absolute "no no". • Had put a scarf that was only half of that recommended by the Code of Practice put out by the Department of Labour and the logging industry. • Had left insufficient hinge (holding) wood on either side of the scarf. • Had been cutting on the wrong (weight-wise) side of the tree. • Had started the backcut below rather than above the scarf causing the tree to "sit-down" on the saw (pinch and jam the blade) before kicking upwards and sideways. • Had failed to move away when the tree started to move and was pinned under it when it fell, being saved from more serious injury only because if fell against another tree that had been felled earlier. • Finally he had al-

lowed another bushman (a trainee) to work only three metres away from where he himself was working ... another very dangerous practice. Mr Hayes said that he inspected other recently cut stumps near the accident site and noted all had similar faulty cutting techniques which indicated that Tupara was not receiving sufficient supervision. When Ron Gray took the witness stand he said that Harry Tupara had been employed by Noverad Enterprises for about five weeks during which the first two had been a training period under supervision. During this training period and later, while being observed and inspected, Tupara had always used the correct techniques, said Mr Gray. "But we can't stand over our employees and watch them all the time", he said. He agreed that when not being watched and supervised, Tupara's techniques had "gone out the window". Mr Gray said he was not aware at the time nor when he employed him, that Tupara had been stood-down from a Turangi logging operation for using unsafe felling practices. In his summing up Judge Watson agreed that safe felling practices were difficult to enforce without constant supervision but said that if Tupara's supervisor had inspected the stumps of trees felled by Tupara he would have seen evidence of these unsafe techniques. "But it is difficult to imagine how Tupara

could have been so stupid", he said. Noverad Enterprises Limited was convicted and fined $200, court costs $95 and ordered to pay prosecution solicitor's fees of $300. Serious violence unacceptable Erin Robin Bishop, 22, mill-hand of Raetihi, appeared on a defended charge of assaulting a female on the night of 24-25 April. Court heard from the 17-year old complainant that, after refusing to stay with her former boyfriend Bishop at his Pitt Street, Raetihi, address he had grabbed her by the hair and jacket and pulled her into his car while she was attempting to walk home. He had forced her head down into the passenger seat as he drove towards the Parapara Road having already reached over and locked the passen-ger-side door. She said that each time she attempted to get out of the car or speak he held her by the throat threatening to strangle her or throw her off the 'Banana Bridge' on State Highway Four. He also threatened to kill the baby hitting her in the stomach - complainant is pregnant - during the ordeal which lasted several hours throughout the night. In the morning, after the car got stuck in a ditch, she had agreed to walk back With Bishop to Raetihi fearing further assaults had she not done so. In giving his evidence from the witness stand Bishop denied parts of complainant's

testimony saying that he never threatened to kill either her or the baby and the assault took place only over a 15-minute period and not several hours. He admitted and demonstrated how he had gripped her by the throat but this was for "about 5 minutes ... not 2 hours". He denied he had been very drunk saying that he had consumed only "about three cans". In his summing up Judge Watson said that while the offence was serious and unacceptable and would not be tolerated, he would not impose a prison sentence though he made no apology for remanding Bishop in custody earlier while awaiting trial. Bishop was sentenced to nine months community care. Several charges Richard Craig Taura, 17, forestry worker of Raetihi was originally intending to defend some of the charges on which he was appearing having earlier pleaded not guilty but pleas of guilty were entered on all charges last Thursday. These included: driving while disqualified (two charges); unlawfully getting into a Nissan Bluebird car; taking a 1974 Ford Falcon from Putaruru; possession of a bonehandled knife which was

found in the Nissan Bluebird on 15 March. The Ford Falcon, taken from Putaruru, was stopped by police at Horopito on 15 March. Taura was convicted and remanded to 15 July for a probation officer's report and sentence as well as a reparation report. Police have requested witness expenses of $224 for the prosecution witness brought from Putaruru in anticipation of a defended hearing. Judge Watson warned Taura that a sentence of corrective training was the sentencing option being considered in view of previous convictions.' Counsel: Paul Brown. Periodic detention Gene Henare, 19, unemployed of Mt Maunganui, was sentenced to four months periodic detention and disqualified for six months when he pleaded guilty to several charges including driving while disqualified, taking a car from Putaruru (with cooffender Taura) which was stopped by police at Horopito, and receiving stolen goods (tools valued at $1,000) from the Timber Museum in Putaruru. In passing sentence Judge Watson said that he suspected Henare knew much more about the burglary of tools than was admitted. Counsel: Paul Brown. Turntopage 10

OHAKUNE DISTKECT CQURT

"Overcorrected"

Bruce McDonald, 34, garage proprietor of Ohakune, pleaded guilty to two driving charges involving an incident on State Highway Four near Benefields Orchard north of Wanganui on 30 January. Defendant had been returning to Ohakune with a passenger when the car struck gravel and he had "over-corrected" causing the vehicle to overturn and trap the passenger who was injured. A blood alcohol specimen revealed a level of 167:100 and he was charged with drink-driv-ing and careless use of a motor vehicle. On the drink-driving charge he was convicted and fined $900 and disqualified for ten months. On the careless use charge he was convicted and discharged. Counsel: Paul Brown.

Found cheque book

George Ronald Wilson, 20, food and hospitality student of Waiouru, pleaded guilty to a charge of issuing a forged cheque on 10 December last year. Court heard how Wilson had found a cheque book on premises vacated by a failed company. After being advised by a friend as to how to . fill out a cheque correctly he had written one out for $360 and given it to a female acquaintance at a party who then obtained petrol, groceries and other items before returning the change to Wilson. She had used the cheque in good faith having been told that it was his pay-cheque. Wilson was convicted and remanded till 15 July and told that if the money was re-imbursed

by then he would be discharged.

Failed to deliver firewood

Philip Puhi Maniapoto, -43, of Ohakune, appeared for sentence on a charge of stealing firewood after being found guilty following a defended hearing last month. He had been told then that if he delivered a cord of firewood to the Waiouru RSA (from where the stolen firewood had been taken) he would be convicted and discharged. HoWever, when he appeared last week he said he had been unable to deliver the firewood as arranged. He was sentenced to 20 hours community service.

Lost temper

Patrick Penata Condon, 30, shed-hand of Raetihi, pleaded guilty to a charge of as-

sault on a female on Boxing Day last year. He was drunk and had punched his partner repeatedly when she fell asleep while he was talking to her. He was convicted and remanded to appear on 15 July for a probation officer's report and sentence. Counsel: Paul Brown.

Two driving charges

Stephen Hoani Brown, 22, unemployed of Ohakune, appeared on one charge of driving while disqualified in Goldfinch Street, Ohakune, on 9 May and on one charge of failing to remain stopped when ordered to do so. The case was adjourned to 15 July to allow counsel, Paul Brown, to obtain instructions.

Three charges

Leslie James Christensen, 17, access worker of Raetihi, pleaded guilty to three charges and was convicted and remanded to appear for a probation

officer's report and sentence as well as a reparation report on 15 July. One charge involved breaking out of the Images Beauty Salon in Seddon Street, Raetihi, on 9 May. With a cooffender he had entered the premises by a front door which had already been broken and had left by the back door which they had forced open. Another charge involved the burglary of a house in Seddon Street from which a wood burning stove, doors and a bench were removed. A total of $5,500 was sought in reparation for the items stolen during the two burglaries and not recovered. A third charge involved the possession of cannabis plant material on 14 May. He was remanded on bail on condition that he continues to reside at 16A Duncan Street, Raetihi, and observes a curfew from 8pm to 7am. Counsel: Paul Brown

"Dog tucker" Marcus Victor Herewini, 18, unemployed of Raetihi, pleaded guilty to a charge of carrying a firearm (a .22 bolt action rifle) in a public place (the Parapara highway) on 1 June when he was not licensed to do so, saying that he was getting some "dog tucker". He was convicted and fined; $25.

Warrant for arrest

Atawhai Snowy Kuru, 26, shearer of Mt Wellington, Auckland, failed to appear on three charges: taking a Honda Prelude valued at $12,000 on 17 May; breaking and entering the Junction Ski Shop, Ohakune, on 26 May and taking a Nissan Caravan valued at $15,000 on 27 May. Following his failure to appear a warrant for arrest was issued.