'Free' ski lift passes cost $948

Ruapehu Bulletin, Volume 12, Issue 587, 23 May 1995, Page 11

'Free' ski lift passes cost $948

The following cases were heard by Judge Craig Thompson of Napier in the Ohakune District Court last Thursday. Police-sergeant Luke Crawford of Taumarunui appeared for the prosecution. Costly decision Three young Wanganui men appeared for a defended hearing on a charge of unlawfully getting onto a vehicle (commonly known as 'conversion') on the Turoa skifield on 27 December last year during the special summer skiing programme. Aaron Gardiner, 20, student, Nigel Scanlon, 19, student, and George Jackson, 20, unemployed, appeared collectively and represented themselves as they were unable to obtain legal aid. However, when invited by Judge Thompson to question prosecution witnesses and testify on their own behalf, they declined to do so, except to say that they believed that chairlift rides were free towards the end of the day. Court heard from four prosecution witnesses. The first was Anna Louise Dowsett who told the Court that she was a snow hostess checking chairlift tickets on Turoa skifield on Tuesday 27 December. When approached by three snowboarders (the defendants) just after midday she noticed that their chairlift passes (tickets) were not attached correctly to their clothing in that the wires had been cut. She told them they must return to the ticket office to purchase new passes before they could ride on the chairlift. However, instead of going to the ticket office she saw them start walking up the mountain by way of Clarry's Track and later saw them returning to the base area on the quad chair in the company of John 'Luigi' Hotter who escorted the group towards the Turoa headquarters. The next prosecution witness, John Hotter, Turoa ski patrol supervisor, said he was made aware of the group as he was working further up the mountain and kept a lookout for them. When he saw the group he approached and told them they must not use the chairlifts as they did not have valid passes. However, he later saw them riding on the High Flyer chairlift and he then asked them to accompany him down to the base area on the Movenpick chairlift where police were con'tacted. The next two prosecution witnesses were Po-lice-sergeant Bob Evans and Detective-constable Michael Hill both of Ohakune. They gave evidence of interviews conducted with the three defendants both at the Turoa skifield and later at the Ohakune police station where, in the pockets of one of the defendants, George Jackson, a pair of pliers and two chairlift tickets were found. The two had persuaded a skier leaving the area to hand over a chairlift pass which they attempted to re-cycle. All three defendants, in separate interviews, acknowledged that, having arrived at the skifield at or soon after midday on 27 December, they did not want to pay the $20 each for a chairlift pass as it was not "economically attractive" and were under the impression that chairlift rides were free late in the day. In his summing up Judge Thompson said he

assumed that this prosecution was being brought as a test case in order to establish a precedent for both the Turoa Ski Resort and the Ohakune police when similar incidents occur in the future. In the past such incidents have usually been dealt with by Turoa Ski Resort staff on the ski field at the time. Police-sergeant Luke Crawford confirmed there was a test case element in the current prosecution. Judge Thompson said that on the basis of the evidence he had heard he must find the defendants guilty. "Each knew that a pass was necessary. Each admitted they had not purchased a pass. Each acknowledged that they had ridden on the chairlift," he said. The only matter to be resolved was to determine whether a chairlift was a 'vehicle' within the meaning of the Act in order to establish if the charge of 'conversion' (unlawfully getting onto or into a vehicle) could be sustained. Judge Thompson said that as the charge had not been brought under the T ransport Act but under the Crimes Act where the definition of 'vehicle' was much broader and included any device on which people can sit or onto which goods and other items can be placed to transport them from one place to another, the charge, as brought, was appropriate. In convicting all three defendants he said that while jumping a chairlift without payment may be "good fun" it was nevertheless a criminal offence though not of the most serious kind. He imposed no monetary fine or other penalty but ordered them to share equally the payment of witness fees and expenses amounting to a total of $948 (one of the prosecution witnesses had to travel from Queenstown). Maori lore defence Footnote: The Bulletin court reporter spoke with one of the defendants, Aaron Gardiner, at the conclusion of proceedings and asked him why they had all pleaded not guilty and elected for a defended hearing when they offered no evidence. Aaron Gardiner said that he and the others had been prepared to plead guilty and pay a fine or reparation (of $20 each) to the skifield but when the case was first called in Wanganui in February they had been told by Moutoa Gardens protester Niko Tangaroa and 30 supporters to seek marae justice and Maori "lore" instead of Pakeha "law". By accepting this advice a plea of not guilty was entered with the result that a defended hearing (involving prosecution witness expenses) was called, leaving each of the defendants liable for costs. Drink driving BarryDavid Rawiri, 50, fitter-welderof Raetihi, was convicted and fined $600, court costs $95 and disqualifiedfor seven months after pleading guilty to driving with a breath alcohol level of 650: 1 on 15 April. Second offence Barry Wayne Snowball, 32, labourer of Ohakune, was convicted and fined $600, court costs $95 and disqualified for 12 months after pleading guilty to driving with an excess breath alcohol level of 600: 1 in Railway Row, Ohakune on 29 April.

He was reminded that this was his second such offence within a short period and warned that something more serious than a fine would be imposed if he were to drink and drive in the future. Ill-gotten gains Aroha Kohu, 18, shed-hand of Ohakune was convicted and fined $250, court costs $95 after pleading guilty to receiving $1500, part of the proceeds from an armed robbery of the Bank of New Zealand in Palmerston North last November. Through her counsel, Paul Brown, court heard that Kohu had been woken by tapping on the window of her Ohakune home on 25 November and, on investigating, found her brother Carlos Kohu who thrust $1500 into her hands before disappearing. Even though she knew that her brother was an active burglar she had no idea of where this money had come from nor of his involvement with the bank robbery but she had spent mostpf it on small appliances and other items for her home. Judge Thompson said that whether or not she knew where the money had come from she must have known they were "ill-gotten gains" which she found too hard to resist. "Conversion" and careless use Michael Richard Pirere, 22, unemployed of Ohakune, appeared for sentence on a charge of car conversion and careless use of a motor vehicle causing injury. Court heard that Pirere had been given permission by his former employer to borrow a Hilux ute valued at $9000 for collecting firewood but, instead of using it for that purpose, he and two friends had taken it for a social evening's entertainment after which he had crashed the vehicle with all three occupants suffering moderate to serious injuries. Judge Thompson said that, while there was a hint of alcohol being involved, a charge of drink driving had not been brought and the "conversion" charge was a somewhat unusual one in that the vehicle had not been taken for the purpose of joyriding. He told Pirere that it was more important to make reparation for damage to the vehicle than pay a fine and accordingly ordered him to pay a sum of $5920 towards the cost of repairs. He was also disqualified for a period of 12 months. Counsel: Paul Brown. Threat to kill Patrick Condon, 43, unemployed, formerly of Raetihi now of Wanganui, was remanded to the Wanganui District Court on 13 June for a probation officers report and sentence after pleading guilty to a charge of threatening to kill his de-facto wife at the Raetihi Primary School on 10 April. Counsel: Paul Brown. Driving while disqualified Adrian Michael Brown, 19, unemployed, of Raetihi, was convicted and fined $200, court costs $95 and disqualified for a further six months after pleading guilty to driving while disqualified on Valley Road after leaving home following an argument. He explained that he had nowhere else to stay

that night except with his brother in Ohakune and it was while travelling to his brother' s home that he was stopped. Not guilty charge Bevan Lee Stoneman, 29, garden worke'r of Karioi, pleaded not guilty and was remanded to appear for a defended hearing on 15 June on a charge of assaulting William Leslie Hart on 10 May. Three charges Richard Craig Taura, 2 1 , unemployed of Raetihi, was remanded to appear on 15' June on one charge of dangerous driving and two charges of driving while disqualified in Queen Street, Raetihi, on 26 April and in Ward Street, Raetihi, on 1 1 May. He was reminded that he must not drive during the remand period. Remanded without plea James Heremia, 43, labourer of Raetihi, was remanded without plea to appear in the Ohakune District Court on 15 June to answer a charge of driving with an excess breath alcohol level of 800:1 on the Ohakune-Raetihi Road on 13 May. Remanded to defended hearing Tammy Kade Davis, 19, unemployed of Raetihi, was remanded to appear for a defended hearing on 15 June on charges of possession of drugs and on theft of a backpack and contents following not guilty pleas. Suspended sentence Robert Lewis Tumanako Paul, 17, unemployed of Rangataua, was convicted and ordered to come up for sentence within six months after he pleaded guilty to a charge of possessing a knife for the purpose of processing cannabis on 25 April. Not guilty pleas Barney George Henare, 29, unemployed of Ohakune, pleaded not guilty to one charge of careless use of a motor vehicle and to one charge of failing to provide his name when requested to do so by a police officer. He was also charged with failing to appear at last month's Ohakune District Court hearing on 13 April after being released on bail from the Court on 23 March. He was further remanded to 15 June to appear for a defended hearing. Name suppression A 60-year old Raetihi man was granted final suppression of name when he appeared for the first time in a New Zealand Court for sentence on a charge of presenting a firearm. Despite the guilty plea he said that he did not believe the evidence presented by his wife (they are now separated) which stated that the shotgun had been pointed at her. Rather, he had held the weapon across his chest to force his wife out of the room to which he had retired following a day of aggravation. Warrant for arrest Jerry John Jack Korewha, 34, unemployed of Hamilton, failed to appear on a charge of unlawfully taking a .Nissan Bluebird valued at $10,000 the property of Linda Aicken on 15 March. Following his failure to appear a warrant for arrest was issued.