OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 12, Issue 559, 25 October 1994, Page 10

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Gregory Ross of Palmerston North in the Ohakune District Court Thursday 13 October. Police-sergeant Bob Evans of Ohakune appeared for the prosecution. Found guilty Francis Matangi 37, parttime worker of Ohakune, was convicted and remanded for a probation officer's report and sentence when he was found guilty of assaulting a female after a defended hearing in Ohakune last Thursday. The two prosecution wit-

nesses, police constable Graeme Rumble of Ohakune and police constable Steve Hart of Raetihi said they went to a house in Miro St, Ohakune, at 1.10am on 9 July in response to a call. They could hear sounds as they approached the property: a loud male voice and that of a female in distress. They entered the back door of the house and went through the kitchen to the dimly-lit lounge where they saw a woman "baled up" ( the complainant, Patricia Henare) in the corner by

defendant. Both constables testified that, as soon as a torch was shone on the defendant to identify him and he was told "Its the police", he rushed towards them. Later when speaking to complainant constable Rumble noticed that she had bruising about the face but was unable to say if this was the result of a recent assault. The third prosecution witness, Patricia Henare, was to have appeared but declined to do so. Defence counsel, Mr Gary Johnson, argued that

a charge of assault on a female could not be sustained because, in the very short time that the two police constables were able to observe the couple in the corner of the room his client, Matangi, was merely leaning on the complainant and preventing her from escaping her predicament by restricting her movements. In summing up Judge Ross said it was unfortunate that the complainant Patricia Henare failed to testify (implying that, had she done so she could have denied that she was assaulted) but said that, as a result of the testimony of the two other prosecution

witnesses, he was satisfied that an assault had occurred. Quoting from the Criminal Justice Act Judge Ross said the legal description of assault also included the threat of force to prevent or restrict the ability of another person from exercising the right of free choice and movement and that, even through the two police constables had not actually seen the defendant strike the complainant, the charge of assault had been established by the very fact that the complainant had been unable to remove herself from the situation she had found herself in. Matangi is to appear for sentence on 10 November. Must plead next month George Lee Hemara, 24, unemployed of Ohakune, was told that he must lodge a guilty or not guilty plea when he appears on 10 November and last Thursday ' s remand was the final one. Judge Ross reminded defendant that the three charges had arisen out of an incident in early August at the Ohakune-Karioi Rugby Club and that the defendant could not continue changing his defence counsel in order to delay proceedings indefinitely. He must answer the charges of wilfuldamage, common-assault and aggravated-assault when he next appears. He was allowed bail subject to the strict conditions imposed last month. Assault with weapon Henry Louis Haitana, 34, unemployed of Raetihi, was convicted and remanded to appear on 10 November for a probation officer's report and sentence following his guilty plea to a charge of assaulting Trevor John Dixon on 9 April by using a glass as a weapon at the Ruapehu Hotel in Raetihi. During the remand period he was ordered to report to the Raetihi Police Station every Monday, Wednesday and Friday and told that he must not enter licensed premises before his next appearance. Counsel: Gary Johnson Assault charge Dean Robert Kaire, 31,

unemployed of Ohakune pleaded guilty to a charge of common-assault after a charge of assault with a weapon was withdrawn by leave. The charge related to an incident in the Hot Lava Niteclub in Ohakune on 18 August when, after a confrontation with complainant Anthony Tuhoro, a fight developed in the street outside. Kaire was convicted and remanded on bail to appear for a probation officers report and sentence on 10 November. Bail conditions included an order to reside at 21 Arawa Street, Ohakune, throughout the

remand period and that he does not consume alcohol during the remand period. Further remand David Ronald De LacyParkes, 37, truck-driver of Wellington was again remanded for a defended hearing to 10 November when Court learned that a prosecution witness was unavailable. De Lacy-Parkes had appeared last month and pleaded not guilty to two charges: causingintentional damage to a telephone booth and; assaulting police constable Stuart Ngatai of Ohakune. Both offences were alleged to have occurred on 20 August.