OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 11, Issue 537, 24 May 1994, Page 4

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Richard Watson in the Ohakune District Court last Thursday. Police sergeant Bob Evans appeared for the prosecution. Discharged without conviction Ross Aitchison, 32, and Robert William Bushell, 29, both soldiers of Waiouru, were to have faced two charges each but, after the charge of killing a feral pig without the express permission of the land owner was withdrawn by consent, a plea of guilty was entered to the charge of breaching the Wild Animals Protection Act. Evidence was produced to show that both men had been dropped off in Karioi on Saturday morning, 26 March, with three dogs and a rifle with the intention of hunting pigs in the Rangataua Forest for which they had obtained permits. According to the defendants the dogs had located, chased and killed a pig in Rangataua Forest and it was while they were carrying the pig back to the road by the "shortest and easiest" route that they strayed into Winstone's Forest where they were located by a member of staff of Winstone Pulp International. Defence counsel Mr Gary Johnson disputed the prosecution claim that the two defendants

were located 2km within the Winstone Forest boundary saying that they werenever more that 700m from the boundary line. Mr Johnson said that both his clients would experience a "triple jeopardy" in that they had been served with trespass notices by Winstone Pulp International, they will be penalised by the Army and "now they are about to be dealt with by the Court." It was pointed out that the trespass notices could prove a problem both for the Army as well as the men themselves as the Army often exercises in Winstone Forest. In his summing up Judge Watson said that he found no evidence of a deliberate breach of the permit area or hunting licence having been committed saying that defendant's mistake was that they had chosen to walk out with the pig through the Winstone Pulp Mill's Forest. Both men were discharged without conviction but each was ordered to pay $100 towards the cost of prosecution. Bail opposed but granted Adrian Michael Brown, 17, unemployed of Raetihi, appeared on two charges related to offences committed on 6 May while on bail.

These were for possession of cannabis oil and for theft of a purse and contents valued at $300. A further more recent charge of dangerous driving was also entered. Defence counsel, Mr Paul Brown, requested a one-month adjournment to obtain instructions from his client and enter a plea. He asked for bail saying that his client was now living at home where he would be under the control of his parents. However police opposed bail on the grounds that defendant had committed these latest offences while on bail and supposedly living at home with restrictive conditions and that defendant was very mobile... "we have been trying to find him for two weeks on another matter," said Sergeant Bob Evans. Judge Watson, in declining the police request for a remand in custody, said the defendant would have to spend a whole month in custody before his next Court appearance (on 23/6) and this term in prison may well exceed the actual sentence he receives if found guilty of the (above) offences. Defendant was granted bail on the followTurntoPagell

OHAKUNE DISTRICT COURT

FROMPAGE4 ing conditions: he resides at his home in Duncan Street, Raetihi, during the remand period; he observes a curfew at that address from 6pm to 6am e very day of the week including Saturdays and Sundays; he reports to the Raetihi police station daily between 4pm and 5pm; he is not to enter licensed premises or consume alcohol before his next Court

appearance. He was told that a breach of any one of these bail conditions or any involvement in further offending during the remand period will automatically and immediately result in his being remanded in custody. Counsel: Paul Brown Three related charges Robert Edmonds, 27, shearer of Raetihi, pleaded

guilty to two charges of wilful damage and one charge of assaulting a female. The three charges related to an incident on 10 April. Court heard how complainant in the assault charge had been woken in the early hours when the defendant was not able to find the meal that had earlier been prepared for him. He smashed a window and later returned to punch the complainant in the head before smashing another window and walls. Defence counsel Paul Brown said that no reparation for the damage was being sought from Edmonds because his client had already paid for the repairs. Edmonds was remanded to 23 June for a probation officer' s report and sentence. Remanded without plea Douglas David Speers, 23 , bushman of Raetihi, was remanded without plea on two charges relating to an incident in Ohakune at 12.40am on 1 May. The charges were that he broke into Ohakune New World Supermarket and intentionally damaged an automatic glass door in doing so. He was remanded to appear on 23 June on the following bail conditions: he observes a curfew at his address in Grey Street, Raetihi, from 8pm to 6am; he abstains from the consumption

of alcohol and does not enter licensed premises during the remand period. Counsel: Paul Brown. Strange behaviour attracts attention Steven Patrick Munro, 23 , unemployed of Raetihi, pleaded guilty to a charge of possessing cannabis. Court heard how Munro, with some companions, was seen to be behaving strangely at the Ohakune 'Giant Carrot' site on Friday 22 April and this had attracted the attention of a passing police patrol. When approached by police Munro smelt strongly of cannabis and was found to have a small quantity in his possession. In convicting and fining defendant $300, court costs $95, Judge Watson noted that Munro' s previous convictions had also been for possession and cultivation but these had occurred several years ago. . Three charged with burglary Three local males aged between 1 7 and 2 1 were each charged separately with breaking and entering a house in Park Avenue, Miro Park, Ohakune, two days before Court. Each was given interim suppression of name pending further police enquires and were remanded without plea to appear in the Ohakune District Court on 23 June.

Two charges of assault A.29-year old Wanganui man, who was granted interim suppression of name, was remanded on bail to appear in the Ohakune District Court on 23 June to face two charges of assault, one of assaulting a male the other of assaulting a female both on Sunday 1 May. Counsel: Paul Brown Warrant for arrest Tex Te Whenua Tuirirangi, 43, sickness beneficiary of Pipiriki, was to have appeared for a defended hearing after pleading not guilty to two charges when he appeared in the Ohakune District Court on 24 February. The two charges were that he was in unlawful possession of a .22 calibre rifle on 3 December 1993 and that he had received this firearm between 8 August 1993 and 3 December 1993.

When he failed to appear for the defended hearing last Thursday a warrant for his arrest was issued. Lost control of vehicle Russell Lockhart, 23, clerk of Taihape, pleaded guilty by letter when a charge of careless use of a motor vehicle was heard. The charge arose out of an accident which occurred on SH4 at the Makatote Gorge on 11 March when the vehicle defendant was driving failed to take a corner, struck the bank on one side of the road and then the barrier on the other side before rolling. Advisory signs at the approach to the corner indicated a speed of 75km/h but police estimated that the vehicle had been travelling at between 1 10km and 1 15km before skidding 100 metres. He was convicted and

fined $300, court costs $95. Excess breath alcohol Mark Rex Michael Trow was convicted and fined $400, court costs $95 and disqualified for 6 months when he appeared on a charge of driving with an excess breath alcohol count of 500/1 in Queen Street, Raetihi, after turningoff SH4 on 14 May. Variation to sentence Christopher Lea Billington, 18, of Raetihi, requested through counsel that the sentence of periodic detention which had been imposed earlier this year and which he had been serving in Wanganui while he attended a course at the Wanganui Polytechnic be replaced by a sentence of community service now that he has returned to live in Raetihi. Turn to Page 15

OHAKUNE DISTRICT COURT

FromPage 11 It was agreed that, without transport, Billington was unable to travel to Wanganui each weekend to serve his periodic detention sentence and that the balance of this sentence would be replaced by 90 hours community service in the Waimarino. Counsel: Paul Brown. Careless use DarynCraigNorling, 19, gardenworker of Ohakune, pleaded guilty to two charges of careless use of a

motor vehicle in Miro Street, Ohakune, on the same day, 14 March. Court heaird evidence that defendant had driven at speed over an unsealed section of Miro Street at 1 1 .00am "sledging and sliding and fishtailing" before the vehicle (an 1 1 OOcc Ford Laser) turned into Wye Street going over onto two wheels as it did so. In the afternoon he was seen driving in a similar manner over the same unsealed section of road which

was under repair. Through his counsel, he said that he was in control of the vehicle at all times. However, Judge Watson said that 'fishtailing' indicated otherwise and that he regarded Norling's driving as "two clear examples of exhibitionism". When defence counsel Mr Gary Johnson requested that his client not be disqualified so that he (Norling) could dri ve to and from work Judge Watson asked how fafthis place of

work was. "AtRangataua sir...about fi ve minutes away," replied Mr Johnson. "At my speed or Mr Norling's speed?" asked Judge Watson. "At your speed sir", replied counsel. "In that case I suggest Mr Norling uses a 1 0-speed bicycle to travel to and from work.. .the exercise will be beneficial", said Judge Watson as he convicted and fined defendant $ 1 50, court costs $95, on each charge and disqualified him for 1 0 months.