OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 11, Issue 495, 20 July 1993, Page 12

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. Liable for imprisonment Stephen Hoani Brown, 22, unemployed of Rangataua, pleaded guilty to one charge of driving while disqualified and to one charge of failing to remain stopped when ordered to do so by a police officer. Court heard how Brown had been seen driving in Goldfinch Street, Ohakune, on 9 May and when ordered to stop had done so after executing a U-tum. However, when the officer got out of his patrol car, Brown has sped off but was apprehended later. Brown' s excuse for driving away was that he had only just been released from prison and didn't want to go back. He was convicted and fined $200 on each charge (a total of $400) with court costs of $95 on both and disqualified from driving for a further six months following the expiry of his present disqualification on 19 November. He was warned that, with his past criminal record, any further driving offence would make him liable to a term of imprisonment. Counsel: Paul Brown. "Follower, not initiator" Leslie James Christensen, 17, access worker of Raetihi, was described by his counsel, Mr Paul Brown, as a follower rather than an initiator when he appeared for a sentence on several charges one of which was committed whilst on bail following his appearance in Court last month. On 17 June he had pleaded guilty to one charge of breaking and entering, one of break-

ing out of a premises and to one charge of possession of cannabis. Following that appearance he was given bail on condition that he resided at home (at 16A Duncan Street) and observe a night curfew from 6pm to 8am. On 25 June he acted as a lookout during a burglary committed by a co-offender who is now in prison. When Court heard that he now had other members of his family and the community prepared to take responsibility and care for him, he was told by Judge Watson that a term of corrective training was still an option if he again offended while on bail before his next appearance in Court on 19 August. He was again -given bail on the same conditions including a curfew and a reporting schedule to the Raetihi police station. Counsel: Paul Brown. Another "follower" Richard Craig Taura, 19, unemployed, of Raetihi, pleaded guilty to a charge of driving while disqualified on State Highway Four on 1 June. This offence occurred while he was on bail following his appearance in the Ohakune District Court last month when he pleaded guilty to several charges including unlawfully taking a motor vehicle, interfering with a motor vehicle and possession of a knife except for some lawful purpose. Last month's bail conditions stipulated that he resides at home, observes a night curfew and refrains from driving. Court heard how Taura had not complied with any of these conditions. His counsel, Mr Paul Brown, explained that his client was a "follower" who, rather than disassociate himself from his peer group, would go along with them.

Taura was convicted and sentenced to a ninemonth community contract and 100 hours community service. A further disqualification period of six months was imposed with a final warning as to the consequences if he committed any more offences involving motor vehicles. Counsel: Paul Brown. Night patrol success Brian James Ruke, 31, solo parent of Raetihi, appeared for sentence on a charge of breaking and entering the Pricecutter Supermarket in Seddon Street, Raetihi, on 13 July. Court heard how Ruke had been seen by Raetihi's volufitary night patrol and his actions reported to local police. He was convicted and remanded for a probation officers report and sentence as well as a reparation report to recover the $400 damage caused to the broken window. He was given bail on the same conditions (curfew etc) until his next appearance on 19 August. Counsel: Paul Brown. Voluntary apology commended Jamie Valdie Te Miha, 17, cross-cutter of Waiouru, appeared for sentence on two charges to which he had pleaded guilty at last month's district court hearing in Ohakune. The charges involved burglary of the Oasis Motel and the Fastlane Restaurant in Waiouru on 12 June. Court heard from counsel, Mr Paul Brown, that defendant had been drinking away from a home environment and parental control. As a first offender his actions had been out of character. Court also heard that Te Miha has since voluntarily apologised in person to both vic-

tims/complainants as well as making reparation of $95 to the Oasis Motel and $250 out of his wages to the Fastlane Restaurant. In commending Te Miha for his courage in volunteering these apologies and reparations - "it is sometimes much easier to commit a crime in the middle of the night than to face up and apologise later" - Judge Watson also reminded defendant that burglary was a very serious offence and it had to be seen by the community that such offences do not go unpunished. Te Miha was convicted and sentenced to 70 hours community service on each charge to be served concurrently. Counsel: Paul Brown. Attempt to manufacture morphine Peter Desmond Fitzgerald, 32, unemployed of Rangataua, pleaded not guilty to a charge of attempting to manufacture a Class A drug (morphine) between 5 April and 8 May. He also pleaded not guilty to a charge of possessing instruments and materials capable of manufacturing morphine. In entering a not guilty plea to both these charges Fitzgerald also elected trial by jury. He was remanded to the Taihape District Court on 25 August for the taking of depositions. Counsel: Gary Johnson. Indefinite disqualification David Zane Cadwallader, 30, bushman, pleaded guilty to a charge of driving with excess breath alcohol in M ar ae S treet, Taumarunui on 8 April. After being observed trying to park unsuccessfully a breath test produced a reading of 1100/1. In imposing a 200hour community service sentence and an indefinite disqualification, Judge Watson observed that the breath alcohol level was nearly three times over the legal limit.

Cadwallader was reminded that he cannot legally drive again until he applies to the Ministry of Transport for his licence to be restored and this can't happen for two years at the very least. Fine remitted Patrick Penata Condon, 40, shedhand of Raetihi, appeared for sentence on a charge of assaulting his de-facto partner on Boxing Day last year. A fine of $500 was imposed and then, because defendant was unemployed and unable to pay, this was immediately remitted and replaced with a 70-hour community service sentence. A 12-month sentence of supervision was also imposed so that he can undertake alcohol and anger management counselling as directed by a probation officer. Counsel: Paul Brown. Fines partially remitted Lindsay William Dunn, 43, of Palmerston North, had fines of $26,000 partially remitted when he appeared last Thursday. Court heard how most of these fines resulted from road-user charges when defendant was operating a carrier business. He was sentenced to 12-months supervision with an attachment order for $100 per month to be decucted from his wages after which the balance of fines would be remitted. Case discontinued A charge of careless use of a motor vehicle (a Frieghtways truck and trailer-unit) on 20 November last year against Steven Clinton Webb, driver of Taupiri, was dismissed by Judge Watson after conficting and confusing testimony had been given by two prosecution witnesses. They were unable to provide confirmation of the location, times, speeds and distances associated with the alleged offence of overtaking carelesslv. The two witnesses (both occupants of the same car) had variously described the location of

the overtaking manoeuvre having occurred (1) on a bridge near Horopito and (2) near the Makotoke viaduct. Counsel: Paul Brown. Careless use denied Tossy Ryan of Raumati Beach entered by letter a plea of not guilty to a charge of careless use of a motor vehicle on State Highway One (the Desert Road) on 27 January. Bankrupt In an action brought by the Justice Department under the Insolvency Act 1967, Trevor Richard Reynolds, 61, of Makaranui, appeared on a total of seven charges to which he pleaded not guilty and was remanded at large till 18 August for a pre-trial conference. The charges were that, having been adjudged a bankrupt on 16 November 1990 he: • Obtained credit by way of increasing his overdraft facility at the Auckland branch of the National Bank of New Zealand without informing the bank that he was an undischarged bankrupt (5 April 1991). • Obtained credit by increasing his overdraft facility of $3,000 to $11,000 at the Auckland branch of the National Bank of New Zealand (2 March 1992). • Obtained credit by increasing his overdraft facility from $3,000 to $6,000 at the Auckland branch of the National Bank of New Zealand (4 May 1992). • Obtained credit by increasing his overdraft facility of $3,000 to $4,800 at the Auckland branch of the National Bank of New Zealand (December 1992). • Took part in the management of a company (Makaranui Holdings) in the month of December 1991, without the leave of the Asignee of the Court. • Carried on a money-lending business under the name of T R Reynolds between November 1991 and February 1992. • Obtained credit of $3,000 from Noel Leeming Appliances on 4 November 1992. Counsel: Paul Brown.

Colourful winners Over 200 children from all over the North Island entered the Whakapapa Primo Winterfest Colouring Competition during mid-term break. 'The entries displayed an incredible range of talent and creativity - in all age categories", said Pip York, Marketing Assistant at Whakapapa. "Three-di-mension creativity, colour and texture charmed the judges. No two entries were even remotely the same with cotton-wool and puffpaint snow, glittering wizards, tin-foil and chocolate wrappers and even sequin snowflakes failing from the sky - not to mention the array of colours!" Prizes are being sent to the winners this week. Local winners were: Highly Commended - Emma Bates, Ohakune; Michaella Davis, National Park. 11-14 Years: 2nd equal Amy Cranston, Raetihi; 4th Keri Bates, Ohakune. Winning entries will be displayed at the Wizards Club Creche at Whakapapa and the Turangi Information Centre. Lucky draw raises money for college Members of Ruapehu College's soccer team will be out and about in the Waimarino this Friday 23 July selling tickets for a giant raffle, with over $60,000 in prizes to be won. The team are hitting the streets to raise funds for their up-coming trip to the South Island, for four days playing competitive matches in Waimate and Geraldine. Prizes up for grabs in the Halberg Trust raffle include a car and overseas travel, with half of the proceeds going to Ruapehu College and the other half going towards children with disabilities in the region.