OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 11, Issue 526, 8 March 1994, Page 11

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Gregory Ross in the Ohakune District Court Thursday 24 February. Police-sergeant Rob Duindam of Taumarunui appeared for the prosecution. Charge amended Richard John Hamlin, 24, painter of Ohakune, was to have faced a charge of dangerous driving on SH49 near Karioi on 9 November last year but when legal opinion was sought it was agreed that the charge be reduced to the lesser one of careless use of a motor vehicle. To this charge he pleaded guilty. Court heard that while travelling towards Waiouru he had driven up to the rear of an unmarked police vehicle leaving less than one car's length between them before overtaking on a corner and then overtaking two other vehicles. Hamlin explained that he had earlier picked up a passenger who wanted to go to Waiouru but, realising time was short, he attempted to stop the driver of the leading vehicle (who he recognised) to transfer the passenger fro:n his own to the other r^r. Hamlin was convicted and fined $300, court costs $95, but no period of disqualification was imposed. Stopped at checkpoint

Rex Andrew Hall, 31, casual labourer of Raetihi, pleaded guilty to a charge of driving with excess breath alcohol in Raetihi on 5 February. Hall was stopped at a checkpoint in Seddon Street and was found to have a breath-reading of 850/1. In convicting and fining Hall $700, court costs $95, and imposing a six month disqualification Judge Ross commented that while defendant had been stopped at a checkpoint rather than having been stopped for erratic driving, he was nevertheless more than twice over the legal limit. Remanded without plea Pierre Ian Todd, 19, unemployed of Raetihi, was remanded without plea on a charge of stealing a Raleigh mountain bike valued at $650 belonging to Charles Mareikura of Ohakune whilst on loan to Ziegfried BauerofRaetihion21 January. Todd was remanded to appear again on 24 March when unpaid fines of $500 will also be dealt with. Counsel: Paul Brown. Guilty of receiving Tania Elizabeth Taku, 33, solo parent of Raetihi, pleaded guilty to a charge of receiving a 1981 Holden Commodore valued at $5000 on or about 2 January..

Court heard how Taku had exchanged her own vehicle with the Commodore which had been stolen from Papakura on 31 December. She was convicted and remanded to appear again on 24 March for a probation officers report and sentence as well as a reparation report when charges of theft and assault will also be looked into. Counsel: Paul Brown. Name suppression imposed A 17-year-old student of Waiouru, pleaded guilty to a charge of breaking and entering a dwelling house in Ranui Street Waiouru, on 18 February. Court was told that defendant had broken into the building to allow a co-of-fender to enter. They then stole various items including a VCR, a cell-phone, shoes, clothing and alcohol with a total value of $203 1 most of which, except for some alcohol, had been.recovered. The burglary occurred at about 10.30pm. When Judge Ross learned that the defendant had not passed any school certificate subjects last year he told defendant he should have been home studying instead of "tearing about Waiouru at 10.30pm." Judge Ross told the defendant that in some quarters this offence might be regarded as heroic among peers and for that reason name suppression would be imposed. "I would much sooner read your name in the paper for passing school certificate than for any criminal offence," he said.

Defendant was convicted and ordered to come up for sentence within 12 months if called. Counsel: Paul Brown. Diversion under consideration The previous defendant' s co-offender, another 17-year-old youth, was being considered for diversion because he had not denied his involvement when first questioned by the police and had co-operated by admitting to the offence. First offender A 24-year-old Waiouru woman is being considered for diversion on a charge of possessing a pipe for the purpose of smoking cannabis. Because she was a first offender who readily admitted the offence, police told the Court that diversion was being considered as an altemative to being charged in open Court. Name suppression granted A 48-year-old Waiouru woman who had defended a charge of aggravated cruelty to animals in the Taihape District Court last Monday appeared for sentence in the Ohakune District Court after being found guilty at the earlier hearing. Evidence was produced that she had been a person concerned with the welfare of animals - particularly dogs - for many years and that, in taking the action she did (killing puppies) she had genuinely thought she was Saving them from an even worse fate as other puppies of the same litter were already dead. She was discharged without conviction but ordered to pay reparation of $75 for each puppy and witness

expenses of $85.60. At the request of her counsel, name suppression was granted on the grounds that she was unlikely to repeat the offence and any publication of her name could have adverse effects upon her within her small close-knit community. Counsel: Paul Brown. Mandatory disqualification Kevin Ancel McDougal, 33, shearing contractor of Ohakune, appeared for sentence on two charges arising out of an incident on 4 October last year. He had earlier lodged a not guilty plea to one charge of careless use of a motor vehicle and one charge of driving with excess breath alcohol but changed his plea to guilty when he appeared last Thursday. Court heard how McDougal had collided with another vehicle and driven into a power pole smashing it when he left the Junction area of Ohakune in his Toyota Hi-ace in the early hours of the morning. He was taken to hospital where a blood count showed a level of 238/100, well in excess of the legal limit of 80/1 00. His counsel, Gary Johnson, explained that his client has since made full reparation for damage to the other vehicle and for replacement of the damaged

power pole. On the excess blood alcohol charge McDougal was convicted and fined $750, court costs $95 and disqualified for the mandatory minimum period of six months. On the careless charge he was convicted and Fined $250, court costs $95 and disqualified for a concurrent period of three months. Elects trial by jury Peter Desmond Fitzgerald, 33, unemployed of Rangataua, elected trial by jury when he appeared on two charges involving a 'Class B' drug (papaver somiferum). The charges were that he had cultivated the plant (common name: 'poppy') between 1 January 1992 and 21 June 1993 and had possession of a variety of utensils allegedly used in the commission of an offence under the Misuse of Drugs Act between 22 March and 8 May 1993. A nominal date of 24 March was set down for the taking of depositions. Counsel: Paul Brown. Drink driving charge Bernard Taputoro, 35, was convicted and fined $450, court costs $95 and disqualified for six months on a charge of driving with excess breath alcohol of 700/1 on the OhakuneRaetihi road on 17 February. Attention was drawn to defendant' s driving when a 44-gallon drum fell off the rear of his truck as he left the Ohakune Hotel. Judge Ross told T aputoro that he was lucky no one had been injured by the drum. Counsel: Gary Johnson. Community sentence Krishane Hiroti, 27, unemployed of Raetihi, pleaded guilty to a charge of driving with excess breath alcohol (900/1) in Seddon Street, Raetihi at

5 am on 4 December last year. He was convicted and sentenced to 120 hours of community service which also allowed $850 of unpaid fines to be remitted. An eight month period of disqualification was imposed. Not guilty plea Phyllis Pui, solo parent, pleaded guilty to a charge of driving in Seddon Street, Raetihi, at 9.45 on the evening of 18 December with an excess breath alcohol count of 800/1 . She was remanded for another month (24 March) for a probation officers report and sentence and to allow time for other matters (including outstanding fines) to "come through the system". She was told she must not drive in the meantime. Counsel: Paul Brown. First offender A 22-year-old sickness beneficiary of Rangataua who had appeared last month on three false pretences charges and was remanded without plea is now being considered for diversion as she is a first offender and readily admitted the offences. Counsel: Paul Brown. Remanded for defended hearing. Tex Te Whenua Tuirirangi, 42, sickneSs beneficiary of Pipiriki, pleaded not guilty when he again appeared on charges of unlawful possession of a .22 calibre rifle and receiving the firearm. Court heard how defendant had a serious hearing problem and that this might present some difficulties for the Court. However Mr Duncan Metekingi Snr said that he had known defendant since both went to school together and would act as speech facilitator if that was required. Tuirirangi was remanded on bail for a defended hearing on 19 May. Counsel: Gary Johnson.