Wilful damage reparation added to list

Ruapehu Bulletin, Volume 12, Issue 545, 19 July 1994, Page 10

Wilful damage reparation added to list

The following cases were heard by Judge Lynton Laing of Palmerston North in the Ohakune District Court last Thursday. Police-sergeant Bob Evans of Ohakune appeared for the prosecution. Wilful damage Douglas David Speers, 23, bushman of Raetihi, appeared for sentence on a charge of wilful damage involving the smashing of Ohakune New World' s plate glass window valued at $470 at 12.40am on 1 May. When first located by police shortly after the incident he denied he could have been responsible because he had no cuts on his hands or arms but was intoxicated at the time. A charge of burglary associated with the wilful damage charge was withdrawn because the intent of the defendant in breaking the window could not be established. In considering sentence Judge Laing said that he had in mind a prison term but Speers counsel, Mr Paul Brown, asked for bail so that defendant could continue the part-time employment he had obtained and pay the $470 reparation. Judge Laing pointed out that Speers was already facing reparation payments of over $4000, some individual claims involving amounts as high as $800-$900, for similar wilful damage charges over 1992, 1993 and 1994. All these offences had been committed while Speers Was under the influence of alcohol and, according to Mr Brown, his client now recognised this problem and was prepared to seek help in overcoming his addiction. Mr Brown said that Speers had made an offer to make payment of reparation at the rate of $20 per week. Judge Laing agreed that priority should be gi ven for the defendant to make reparation rather than serve a prison sentence (which for an offence against property brought under the Summary Offences Act rather than the Criminal Justice Act would be a relatively short term) but questioned the amount defendant proposed to pay. Speers was ordered to prepare a financial statement of his total income and expenditure which was to be presented to his counsel by Friday 5 August prior to defendant' s next appearance in the Taihape District Court on 8 August and again in the Ohakune District Court on 1 1 August so that the presiding judge can nominate a repayment sum Speers should be capable of making. Benefit fraud Heather Marie Herbert, beneficiary of Raetihi, was convicted on one charge of providing misleading information to the Department of Social Welfare after fi ve other similar charges were dismissed owing to the 12-month statute of limitations under which such charges could be brought under the Social Security Act. The total amount involved in all six charges would have been in the region of $30,000 but despite the fact that five charges had to be dropped because they had not been brought before the cut-

off date for prosecution, the results would be the same, said Judge Laing, by the very fact that the Department of Social Welfare could claim the total amount by adjusting defendant' s benefit payments accordingly. The benefit frauds occurred over a period of three years while defendant was living in a relationship that would otherwise have precluded her being entitled to the claims she had made in T aihape and Wanganui in 1991 , Taumarunui and Ohakune in 1992 and in Raetihi in 1993. Because the Department of Social Welfare would eventually recover all the monies claimed by reducing defendant' s current welfare payment to have been dishonestly obtained no reparation was ordered by she was convicted and remanded to appear for a probation officers report and sentence in the Ohakune District Court on 1 1 August. Case dismissed Thomas Anthony Condon, 34, shedhand of Raetihi, was to have defended a charge of assaulting a female, Debbie Ann Perkins, on 12 May but when the complainant refused to testify after taking the witness starid as the prosecutions first witness, Judge Laing dismissed the charge. Condon had pleaded not guilty to the charge when he appeared on the charge last month. Before dismissing the case Judge Laing questioned Ms Perkins motives for deciding not to press charges and warned her that by sweeping such matters "under the carpet" further violence often occurs and she could possibly leave herself open to intimidation by the offender. He also wamed her that she could make herself liable to a term of imprisonment in Arohata until she agreed to give evidence. He said that police now have a policy to prosecute all cases of domestic violence and they were expected to follow through on any such complaint but could only do so with the co-operation of the victim. "I can't force you to give evidence and, in the eyes of the public it would seem wrong if the innocent victim receives a prison sentence while the offender goes free," he said. At this stage defendant' s counsel Mr Paul Brown presented a letter from complainant (the contents of which were not revealed) whereupon Judge Laing dismissed the case. "Uncharacteristic behaviour" Stewart Patrick MacDonald, 34, soldier of Waiouru, pleaded guilty to a charge of driving with excess blood alcohol of 1 50/1 00 in Taumarunui on 20 March. Through his counsel, Mr Gary Johnson, Court heard that defendant had been travelling through from Waiouru to Auckland to sort out access problems to his daughter with his recently estranged wife when he decided to meet friends in Taumarunui on the night in question.

He was pulled over by a police patrol when he failed to stop at a compulsory stop sign and after refusing to agree to a breath test was arrested and ordered to undergo a blood test. MacDonald was also represented in court by his senior officer who said such behaviour was totally uncharacteristic as MacDonald was known to be a co-operative, obedient and highly regarded soldier with a responsible position in the army. Such a lapse could only be explained by the recent marital separation and access problems with regard to his daughter. Defendant was fined $1000 and disqualified from driving for nine months. Apologised Stewart Higgs, shearer of Bells Junction, Taihape, pleaded guilty to a charge of driving with excess breath alcohol of 551/100 and to careless use of a motor vehicle on SH1 at Irirangi on 23 June. Representing himself Higgs admitted that as a result of drifting over the centre line he had collided with a Mini causing $1800 damage. No one was injured. He told the court that he had apologised to the driver of the Mini and said he was sorry about the incident. He was convicted and sentenced to make reparation of $1800 at the rate of $100 per month and disqualified from driving for six months. Assault on female Martinus Dekker, 36, unemployed of Raetihi, pleaded guilty to a charge of assaulting Leigh Katherine Bridgens on 1 July when, following an argument, he poured some wine over complainant' s head, pushed her to the ground and then sat on her at his address in Ruatiti Valley. He was remanded on bail to appear for a probation officers report and sentence as well as a victim impact report on 1 1 August. Remanded without plea Ivan Teuila Hall, 35, unemployed of Raetihi, was remanded without plea to appear on 1 1 August on a charge of assaulting a female, Teuila Hall, on 3 July. Counsel: Paul Brown Lesser charge 'fortunate' Alan Wayne Mareikura, 19, unemployed of Ohakune, pleaded guilty to a charge of common assault after making a brief appearance last court day when he and two others were arrested for fighting in Clyde Street outside the Ohakune Hotel on 23 June. The other two involved were Jason Myles Hern and Paul Kaake. The fight broke out after an argument in the public bar led to Hern taunting Mareikura to "come outside". Mareikura at first declined the invitation and then, after repeated calls, accepted the challenge

taking with him a pool cue with which he hit Hern on the side of the neck with such force that it broke the cue. When asked by Judge Laing what had started the argument and fight Mareikura said it was things Hern had been saying about him. When asked what these things were Mareikura handed Judge Laing a note, the contents of which were not revealed. Judge Laing told Mareikura that he should consider himself fortunate that the charge brought against him was one of common assault and not the more serious one of assault with a weapon which might have left him facing a five year prison sentence. Mareikura was convicted and fined $250, court costs $95. Counsel: Paul Brown Two remands Jason Myles Hern, 27, unemployed of Ohakune and Paul Kaake, 20, domestic purposes beneficiary of Ohakune, were both remanded to appear on 1 1 August on charges of assaulting Alan Wayne Mareikura outside the Ohakune Hotel in Clyde Street on 23 June. Both had made a brief appearance in court, together with complainant, last court day within minutes of the fight being stopped. Counsel for Hern: Paul Brown. Counsel for Kaake: Gary Johnson. Unlawful possession Tex Tuirirangi, 40, bushman of Pipiriki, was convicted and fined $200, court costs $95 for unlawful possession of a .22 calibre Winchester rifle valued at $200 on 3 December 1993. Counsel: Gary Johnson