Found guilty of police assault

Ruapehu Bulletin, Volume 11, Issue 534, 3 May 1994, Page 13

Found guilty of police assault

Periodic detention Thomas Ian Hemara, 19, unemployed of Palmerston North, was convicted on charges of assault and resisting a police officer when he appeared for a defended hearing at the last Ohakune District Court sitting. He had earlier pleaded not guilty. The charge relating to the assault occurred on the night of 17 October last year when community Constable Brian Wilson was making enquiries into a burglary in Ohakune. Taking the witness stand Constable Wilson said his attention was drawn to a vehicle travelling at high speed as it turned into Foyle Street and entered a driveway. He followed and, by the headlights of the patrol car, saw someone get out of the vehicle and head towards the house and shed at the end of the driveway. He said he saw some movement to one side of the driveway and noticed the shadow of a person holding some sort of stick or bar above their head. After identifying himself as a police officer, he called out several times to the person to come out from behind the tree. When the person refused Constable Wilson retumed to his vehicle to call for police assistance. At that point the person did come out from behind the tree and ran toward the house and shed. Mr Wilson said he was clearly able to identify the person as Thomas Ian Hemara whom he had known for about seven years. While waiting for police back-up Constable Wilson said he walked to the tree and found a long (1.5 metre) metal pipe on the ground. This was produced in Court. By this time, the householder, George Hemara - who had been woken by the activity - came to the door and it was while Constable Wilson was talking to him that defendant Hemara reappeared in a very agitated state, carrying an object which "may have been a hammer". The defendant was told by both Constable Wilson and George Hemara to put the object down, which he did. The other charge of resisting police arose out of an incident at the Ohakune District Court on 18 November when Detective Constable Elizabeth Murray of Taihape approached defendant at the end of that day' s proceedings to say that she wanted to speak to him about the incident concerning Constable Wilson on 17 October. Detective Constable Murray, who was wearing mufti, identified herself as a police officer but Hemara's family who were just leaving the Court house with him, became very agitated and persuaded Hemara not to comply with Constable Murray 's request. After touching him on the shoulder and saying that he was now under arrest and should accompany her to the Ohakune Police Station, Hemara refused and got into a vehicle parked nearby , surrounded by members of his family who were becoming extremely vocal. The next witness, Constable Graeme Rumble of Ohakune, told the Court that his attention was drawn to the commotion outside the Court house and as he went to investigate he heard Detective Constable Murray call out to Hemara saying "you are under arrest and you are only making things worse for yourself." He saw Hemara get into the van and lock himself in but was later persuaded to get out and accompany the officers to the station. In his summing up Judge Watson said the matter of identification was a very important one in such cases. Given the long association Constable Brian Wilson had had with Hemara and the fact that defendant had been clearly seen in the patrol vehicle' s headlights, he had no doubt that a positive identification had been made. In relation to the charge of assault, Judge

Watson referred to the Criminal Justice Act which stated this charge included: 'Using any threatening behaviour or gesture to apply force' and, in the case of Constable Wilson, this was clearly implied because he had sought back-up when confronted by a person wielding a weapon. "The constable genuinely believed that he was being threatened." Judge Watson said he was equally satisfied that, on the resisting charge, Detective Constable Murray had identified herself as a police officer. On the charge of assault Hemara was convicted and sentenced to four months periodic detention in Palmerston North. On thecharge of resisting a police officer, he was convicted and discharged as the offence was one of passive resistance which was at the lower end of the scale. However, Judge Watson expressed concern about Hemara's pattern of offending which was often directed towards police officers and often involved the use of weapons. Counsel: Gary Johnson Nine month's jail Duncan Vincent Metekingi, 18, unemployed of Raetihi, was jailed for nine months for assault when he appeared for a defended hearing on a charge of robbery to which he had earlier pleaded not guilty. The charge was that he stole a wallet and a pair of Doc Marten boots after assaulting Douglas David Speers on 27 November last year. The first prosecution witness was the complainant, Douglas Speers, who said that after leaving the Ruapehu Hotel.in Raetihi at about 10.30pm, he had gone to a party near the Raetihi Fire Station, travelling with others in a van. While at the party he was called out to the van which had been parked outside the house. As he reached the vehicle' s side door he said he was grabbed by someone in the van who started punching him about the head and face. This person, who he recognised as Metekingi, then demanded and took his wallet. He has not seen the wallet since. Mr Speers said the beating only stopped when someone outside the van called out and he was able to escape. As he headed towards the fire station he heard footsteps behind him and saw Metekingi before he was struck and knocked unconscious to the ground. When he recovered consciousness his Doc Marten boots were missing. Under cross examination he denied he had gone to the van to offer Metekingi $20 to buy drugs. He said that he hadn't smoked cannabis for two years. He said that Metekingi told him he was getting a beating because defendant thought that he (Speers) was responsible for sending him to prison. He also said that Metekingi had demanded $100 every dole day "to get him off his Turn to Page 15

OHAKUNE DISTRICT COURT

FROMPAGE13 back". . . he had not offered to pay Metekingi $ 1 00 as claimed by defence counsel. The second prosecution witness was Gordon Manhire who said he had gone to the party "with Doug Speers and a couple of sheilas" after leaving the Ruapehu Hotel at about 10.30-1 1.00. While at the party he had returned to the van to get some more beer and saw Metekingi and Speers sitting and talking in the rear of the vehicle. When Metekingi started hitting Speers he (Manhire) jumped over into the front seat but heard Metekingi say "you put me in prison". The witness said that he had not seen Speers - who was then lying on the floor of the van - give or offer anything to defendant.

Under cross examination he denied he had gone back to the van to get some cannabis rather than some more beer. He also said that he has never seen the Doc Marten boots (which belonged to him and which he had lent to Speers) again after that night. The defendant's mother, Mrs Hillary Metekingi, said she had later found the wallet and contents scattered on the road between the fire station and the house where the party had been held and that her son had not been wearing a pair of Doc Marten. boots when he returned home that night. A video-taped interview of Metekingi by Constable Greg Phillips at the Ohakune Police Station was played. In the interview Metekingi said Speers knew what was going to happen to him when he went out to the van... "his missus must have wamed

himthatl was out to get him... that' s why heoffered tppayme$100 aweek." Metekingi told Speers he was "not interested in your f. . .. hundred dollars" but did admit to punching Speers in the head and removing cards and papers from the wallet before handing it back. He also said that he was going to take the Doc Marten boots which Speers was wearing but when he heard they belonged to Gordon Manhire he decided not to do so. In the interview Metekingi admitted that he had punched Speers "a couple of times" but denied taking the wallet or the boots and said that someone else must have "donged" Speers. In his summing up Judge Watson said that the photographic evidence of complainant's face presented showed that a number of punches must have

been delivered with considerable force fracturing his nose, eye socket and cheekbone... "it was an assault of considerable viciousness." Judge Watson said nothing he had heard suggested there was any evidence of Speers voluntarily handing over his wallet to Metekingi and that the charge was therefore proved. Tm not so sure about the Doc Marten boots which went missing while Speers was unconscious. However , since Metekingi had expressed interest in the boots and may have taken them, there is an element of doubt." Saying the community at large was sick of such violence and that judges were expected to reflect the community's concem, he convicted and sentenced Metekingi to a prison term of nine months.