OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 11, Issue 525, 1 March 1994, Page 8

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Gregory Ross in the Ohakune District Court last Thursday. Police-sergeant Rob Duindam of Taumarunui appeared for the prosecution. Remanded in custody Duncan Vincent Metekingi, 18, bushman of Raetihi, was again remanded in custody for a further month when he appeared for what was to have been a defended hearing on several charges. At last month' s District Court sitting Metekingi had pleaded not guilty to one charge of robbery, one charge of demanding with menaces and one charge of possession of a knife in a public place without lawful or reasonable excuse. His counsel Mr Paul Brown said Metekingi had only just that morning for the first time mentioned that he could produce two more defence witnesses. This was despite several meetings and telephone conversations. Mr Brown apologisedfor the inconvenience but said that if he was to continue to represent his client fairly he must apply for an adjournment in order to make contact with the witnesses to check if their evidence would be of any value to the defence case. If his request for an adjournment was not granted Mr Brown sought the permission of the Court to withdraw from the case. Police said they were

ready to proceed having brought four prosecution witnesses to Court for the defended hearing that day. Judge Ross agreed that both the Court and the police had been greatly inconvenienced by this lastminute development but said that, on balance, in order to avoid any possible chance of a miscarriage of justice, he must grant "with great reluctanee" defence counsel' s request for a month's adjournment. Metekingi was remanded in custody to appear again for a defended hearing on 24 March. Suspended sentence James Manuel Honana, 29, unemployed of Ohakune, appeared for sentence on three charges to which he had pleaded guilty last month and had been remanded in custody. The charges involved assault, reckless driving and failing to stop when signalled to do so by a police officer. All these charges related to an incident in Ohakune on 20 Deeember. Court heard that the incident which prompted the ensuing chain of events was an assaultupon defendant' s wife who had been pushed to the floor before having herface 'stomped' oncausing blackened eyes and bruising. When complainant' s sister arrived at the house it was decided to visit the doctor and it was then that Honana gave chase in an "appalling example of dangerous and reckless driv-

ing". Judge Ross said that "you should not have been driving a motor vehicle in the highly stressed condition you were in as you were obviously not in adequate control of the car and presented a danger to other road users and pedestrians as you crossed the footpaths at least four times." Before passing sentence Judge Ross told Honana that his rate of offending had slowed down in recent years and hopefully this was a sign of maturity. On the charge of assault Honana was given a nine month prison sentence suspended for two years as well as a nine month community programme. The reckless driving charge brought a two year disqualification as well as a nine month community programme to be served concurrently. On the charge of failing to stop on the signal of a police officer he was convicted and discharged. Honana was told that these sentences also took into account the outstanding unpaid fines of $365 which were now remitted. Counsel: Paul Brown Asleep behind wheel Brett Journeaux, 36, farm manager of Raetihi, was fined $700, court costs $95, and disqualified for six months when he pleaded guilty to a charge of driving with excess breath alcohol on the Parapara Road (SH4) on 15 January. Court heard how defend-

ant had been found parked and asleep behind the wheel of a Mazda whose engine was still running. An evidential breath test produced a reading of 700/1 the legal limitbeing 400/1. His counsel said Journeaux had done the sensible thing by pulling over and parking safely when he felt the need to sleep. Counsel: Paul Brown Excess blood alcohol Steven Munro, 22, unemployed of Raetihi, appeared for sentence on a charge of excess blood alcohol following an accident more than a year ago in Goldfinch Street, Ohakune. Court heard that a flat back tyre had contributed to the cause of a crash opposite the Ohakune Club on 9 February 1993 in which Munro, the dri ver, had been injured and was taken to hospital where a blood sample was taken. This produced a reading of 116/100 the legal limit being 80/100. He was convicted and fined $400, court costs $95

and disqualified for six months. Counsel: Gary Johnson Assault on female Adrian Michael Brown, 17, unemployed of Raetihi, was remanded without plea to appear in the Ohakune District Court on 24 March on a charge of: "being a male did assault a female on 19 February". Counsel: Paul Brown Failed to appear Richard Craig Taura, 20, unemployed of Raetihi, was to have appeared on two charges (car conversion and driving while disqualified) following his appearance in the Ohakune District Court last month. He had been remanded in custody because he had committed similar offences in the Bay of Plenty whilst on bail and was due to appear in the Tokoroa District Court last month following his appearance in the Ohakune District Court. He failed to appear last Thursday. Warrant for arrest Andrew Phillip Leota, 23, unemployed of Wanganui, was to have appeared on a driving while disqualified charge at Mul vay s Cor-

ner (SH 1 ) on 22 Deeember. However, when he failed to appear, Judge Ross said that defendant had been granted bail following robbery charges in Wanganui so that there was no excuse for failing to appear in the Ohakune District Court last Thursday. A warrant for arrest was issued.

Able to pay fine Stephen Waipara Manihera, 21, unemployed of Raetihi, pleaded guilty to a charge of possessing cannabis oil on 10 February. Manihera was a rear seat passenger when the car he was travelling in was stopped by police who saw Turn to Page 9

OHAKUNE DISTRICT COURT

FROMPAGE8 a pipe and silver foil on the floor of the vehicle. When questioned about the cannabis oil tablets found in Manihera's jacket he said he had paid $80 for them that morning. Judge Ross rejected plea by counsel that defendant be given a communitybased sentence because he

was unable to pay a fine, saying that if Manihera could find $80 for some cannabis tablets "I can't understand how he is unable to pay a fine". Manihera was convicted and fined $250, court costs $95. Counsel: Paul Brown. Fines totai $1 000 Stephen Hoani Brown,

22, unemployed of Rangataua, pleaded guilty to one charge of driving while disqualified on Lake Terrace in Taupo and one charge of driving with excess breath alcohol, both charges arising out of an incident on 28 January. In convicting and fining Brown $700, court costs $95 on the drink-driving

charge Judge Ross said the 758/1 was nearly twice the legal limit of 400/1. On the disqualified driving charge Brown was convicted and fined $300, court costs $95 and a 12-month period of disqualification was imposed due to commence when his current period of disqualification expires on 19 May.