OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 12, Issue 558, 18 October 1994, Page 10

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Gregory Ross of Palmerston North in the Ohakune District Court lastThursday. Policesergeant Bob Evans of Ohakune appeared for the prosecution. Criminal nuisance on skifield Alan Spencer Joslin, 21, unemployed of Ohakune, appeared on two charges, namely: that he committed a criminal nuisance by snowboarding in a closed avalanche area of the Turoa Skifield thereby endangering the lives of the public and; that he obtained credit by fraud by riding the Jumbo T-bar on the Turoa Skifield without any intention to pay for the $46 day-pass. Both offences arose out of an incident on 3 October. He was remanded without plea to 10 November and given bail so that an application for legal aid could be applied for and completed. Counsel: Gary Johnson Warrant for arrest Craig John Collins, 22, cross-cutter, formerly of Ohakune, was to have appeared on a charge of careless use of a motor vehicle on 19 August at Karioi. When he failed to appear and police reported that he had left the district without leaving an address, a warrant for his arrest was issued.

Drink driving Daniel Allen Swarbrick, 27, cross-cutter of Ohakune, pleaded guilty to a charge of driving with excess breath alcohol on State Highway 49 near Ohakune on 16 September after being observed to be 'weaving' from side-to-side at 9.18pm. In convicting and fining defendant - who represented himself - Judge Ross said: "you look like an intelligent man ... I'm surprised the message about drinkdriving hasn't yet sunk in". A fine of $550, court costs $95 and a six month period of disqualification was imposed. Damage to paddock Paul Robins, 28, selfemployed builder of Auckland, pleaded guilty to a charge of intentionally damaging a grass paddock, the property of Allan Whale, on 26 June, by driving a motor vehicle at high speed around the property. Judge Ross said that damage to the paddock had been "considerable" but commended the defendant for making reparation before he was ordered to do so by the Court. Judge Ross added that: "there's enough trouble around here from locals without attracting more trouble from imports". Robins was convicted

and fined $250. Driving whiie disqualified Smiler Te Whiwhia Katene, 18, bushman of Raetihi pleaded guilty to a charge of driving while disqualified in B allance Street, Raetihi, on 18 August. He had been disqualified for 12-months seven days earlier (on 1 1 August) when he appeared in the Ohakune District Court and was convicted on other driving charges. This latest offence was committed when he took his father' s car without permission. He was convicted and fined $300, court costs $95 and disqualified for a further six months when his current period of disqualification expires on 1 1 August 1995 effectively preventing him from driving legallyuntilFebruary 1996. Counsel: Paul Brown Final warning Penelope Crapp, domestic purposes beneficiary of Ohakune, pleaded guilty to a charge of driving with excess breath alcohol (864/ 1) in Broadway Avenue, Palmerston North, on4 September. Defendant explained that she had been faced with the prospect of a domestic confrontation while attending a christening party and in order to avoid this situation she had left the house and

driven away even though she knew she had had too much to drink. She was convicted and sentenced to 75 hours community service and, because of her previous drink-driv-ing offences, she was disqualified for 1 8 months and given a final warning that any similar offending could result in a custodial sentence. Judge Ross reminded her that while her earlier drinkdriving offences had involved much lower levels of breath alcohol this latest offence had involved a level more than twice the legal limit. Guilty pleas Murdoch Shane Green, 22, unemployed of Ohakune, was remanded for a probation officer's report and sentenceon 10 November after he pleaded guilty to charges of driving with excess breath alcohol and careless use of a motor vehicle in Goldfinch Street, Ohakune, on 1 3 August. He had been remanded without plea, on these charges when he appeared in the Ohakune District Court last month. In allowing defendant bail Judge Ross imposed a condition that Green was not to drive a motor vehicle during the remand period Counsel: Gary Johnson Prison sentence Daryl Wayne Pickery,

24, part-time worker of Lower Hutt, was convicted and sentenced to three months imprisonment when he pleaded guilty to a charge of driving with excess breath alcohol (816/1) in Vogel Street, Naenae, Wellington on 23 September. Judge Ross noted that Pickery' s breath alcohol level was more than twice the legal limit and that this latest drink-dri ving offence was the fifth in six years. In imposing a prison sentence Judge Ross said that he must take into account the safety of other road users and a two year disqualification period was imposed. Remand without plea Stephen James Rundle, 26, unemployed of Ohakune was remanded without plea to appear in the Ohakune District Court, 10 November, to answer a charge of driving with excess breath alcohol in Miro Street, Ohakune on 1 October. Not guilty plea David Oldeman, 24, unemployed of Ohakune pleaded not guilty to a charge of refusing to accompany a police officer when requested to do so following an incident involving the previous defendant (Stephen James Rundle) in Miro Street, Ohakune, on 1 October. He was remanded for a defended hearing to 10 November and ordered to report to the Ohakune Police Station between 2 and 4pm every Friday during the remand period. Two charges withdrawn Philip Puhi Maniapoto, 44, sickness beneficiary of Ohakune, pleaded guilty to two charges when two other charges (of assault and

wounding with intent to injure) were withdrawn by leave. The remaining charges were of common-assault and resisting police following an incident involving the bar manager of the Ohakune Hotel on 25 August. The common-assault charge involved biting injuries to the complainant which required stitches and long-term medical treatment after a fight erupted in the public bar. Maniapoto was convicted and remanded for a probation officer's report and sentence on 1 0 November and ordered to observe the same bail conditions as those imposed when he appeared last month: he must reside at his home address in Arawa Street; he must observe a curfew at that address between 7pm and 7am every day; he must not approach the complainant; he must not enter licensed premises during the remand period; he must report to the Ohakune Police Station three times a week. Counsel: Gary Johnson One charge withdrawn John Llewelyn MacLean, 27, unemployed of Ohakune, w&s remanded for a depositions hearing to the Taihape District Court on 1 4 October after a charge of "injuring Douglas Neill Oakly in circumstances that, if death had been caused, he would have been guilty of manslaughter" was withdrawn by leave. Defendant pleaded not guilty to the remaining charge of injuring ... with intent to cause grievous bodily harm. A variation to his bail conditions (imposed last month) was sought and approved so that he could look

for work around the central North Island, the Bay of Plenty and in Auckland. Counsel: Paul Brown Assault on female Phillip Jerry Hiroti, 35, shearer of Wanganui, was convicted and sentenced to 50-hours community service after pleading guilty to a charge of assaulting Corrina Jane Condon in Seddon Street, Raetihi on 27 August. Court heard how Hiroti had met complainant in the street and, after abusing her, had hit her. Judge Ross said that no assault by a male upon a female could be regarded as a minor one. Counsel: Gary Johnson Total of 1 6 charges James Manuel Honana, 29, unemployed of Ohakune, is to answer to a total of 16 charges when he appears in the Ohakune District Court on 10 November. He first appeared on three of these charges (two charges of assaulting a police constable and one of intentionally damaging glassware) in August following an incident at the Ohakune-Karioi Rugby Club in Rochfort Park on 8 August. Details of the other charges were not available (because they were first heard in the Wanganui District Court) but they involved reckless driving, driving with excess breath alcohol, driving while disqualified, wilful damage and 12 charges of assaulting police. Honana was remanded to plead to all charges on 10 November and told that this was to be a final remand and that no further remands would be granted after his appearance next month. Counsel: Paul Brown