Judge insists case proceed after series of delays

Ruapehu Bulletin, Volume 13, Issue 591, 20 June 1995, Page 14

Judge insists case proceed after series of delays

The follo wing cases were heard by Judge Lynton Laing in the Ohakune District Court last Thursday. Police-sergeant Bbb Evans of Ohakune appeared for the prosecution. Change of plea Barney George Henare, 29, unemployed of Ohakune appeared to defend charges of driving while disqualified, careless use of a motor vehicle and failing to supply his name and address following an incident in Ohakune earlier this year. Following his initial appearance on these charges in February Henare had managed to delay the course of justice month by month by a combination of factors such as requests through counsel for remands, failing to brief counsel and failing to appear when his case was set down for hearing. Judge Laing outlined these series of adjournments and, after hearing that Henare had made brief contact with yet another counsel only that morning but failed to provide a brief, insisted that the case proceed with the defendant representing himself. The prosecution witness was Police-constable David Nimmo of Ohakune who testified that as he was driving a patrol car north on Goldfinch Street on 1 8 January he noticed a white Holden approaching from the opposite direction on Goldfinch Street before it and a motor cycle turned sharply into Wye Street. He saw the rider of the motor cycle fall off his machine so went to investigate and assess injury and noted that the rider (defendants' brother) had a bleeding knee. When he spoke to the driver of the Holden he noted that it was attached by a rope to the motorcyCle which was being towed. When asked for identificatiort and explanation, Henare (driver of the Holden) refused to provide his name and address and told Constable Nimmo in a flood of expletives, that he (Nimmo) had been responsible for the accident saying: "we wouldn't have tried to get away if you hadn't been coming up Goldfinch Street towards us." When Henare got back into the Holden and drove away witness said that, as he was alone in the patrol car, he felt it prudent not to follow at that time. At the conclusion of the prosecution case Henare was asked if he wanted to testify or produce a witness for the defence. He told the Court that he had expected his brother to appear on his behalf as he had been in Ohakune earlier that day. But after waiting some time (during which a search was made for his brother) it was learned that he had returned to Wanganui and would not be able to give evidence. At this stage defendant Henare asked to change his plea from not guilty to guilty and this request was granted. He was convicted and sentenced to 1 20 hours of community service (in remission of $1500 outstanding fines) and disqualified from driving or taking and holding a drivers licence for a period of one month from 1 July. Remanded in custody Brandori Leong Chan, 21, clothing manufac-

turer of Auckland and Buchanan Paul Murray Brian Sillick, 19, student of Auckland, were remanded in custody to appear in the Wanganui District Court on 20 June to answer several charges following a drive-and-smash robbery on State Highway Four at Owhango on 1 1 June. Both defendants are facing charges of stealing a Mazda motor vehicle, stealing several items of ski apparel from the One Stop Ski Shop in Owhango and reckless driving by deliberately accelerating past a police patrol road block on State Highway Four thereby endangering the life of a police constable. Counsel: Eric Forster "Foolish pride" Raymond Charles Phillimore, 3 8 , fitter and turner of Rotorua, was convicted and fined $2000, court costs $95, after pleading guilty to a charge of • possession of a .22 calibre revolver and ammunition when police executed a search warrant on 16 May. Court heard that defendant had made thi s weapon after receiving permission from his former employer to do so in his spare time while serving his apprenticeship as a fitter and turner 16-17 years ago. His counsel, Mr Jeremy Nash, said that his client had been proud of his skill and workmanship in achieving such a result but it was a case of "foolish . pride" in making and keeping the revolver and that it should have been handed in during a previous weapons amnesty even though it had only ever been used for shooting at cans on his clients' Ruatiti property. Judge Laing said that the public had reason to be concerned about firearms particularly when they were found with ammunition (one round was in the weapon and two were clipped to the holster belt). Two remands Timothy James Horne, 26, tannery worker of Wanganui was remanded to appear to defend several charges, some of which will be heard in the Wanganui District Court on 28 June and the others in the Ohakune District Court on 13 July, The charges include driving while disqualified, intentionally damaging a police patrol car, driving with excess breath alcohol, refusing to accompany a police officer, breach of periodic detention and failure to pay $2000 in outstanding fines. Many of the offences were alleged to have occurred while the defendant was on bail. Counsel: Paul Brown. Persistent offender Joseph Beckham, 37, unemployed of Ohakune, pleaded guilty to a charge of driving while disqualified only 10 days after receiving a sentence of indefinite disqualification following a series of similar offences over the past five years. Judge Laing said that all other sentencing options such as community service and fines had been exhausted leaving only a sentence of imprisonment as the most likely option to be imposed on this occasion. However, after hearing from defence counsel Eric Forster about the defendant' s background of mental illness and after considering a psychiatric report from Good Health Wanganui, a 12- month suspended sentence was handed down so that B eckham could continue taking treatment for his medical

condition. Suspended sentence Kenneth Edward Grimes, 41 , labourer of Ohutu, pleaded guilty to a charge of possession of cannabis plant material after police found a total of 415 grams in several places throughout the defendant' s home while executing a search warrant action on 8 June. Asked by Judge Laing why a more serious charge of possession of cannabis for supply was not brought by police given the quantity involved, Sergeant Evans said that there was no evidence to suggest the defendant was dealing in the drug. Grimes was given a 12-month suspended sentence and an order was made for the destruction of all cannabis plant material. Obstructing course of justice Steven Leon Hagley, 24, garden worker of Ohakune, was remanded without plea to appear in the Ohakune District Court on 13 July to answer a charge of "obstructing the course of justice by concealing the fact that he was the driver of a motor vehicle which was involved in an accident on 8 June thus avoiding a drink-driving investigation." Counsel: Eric Forster Two charges Mervyn Lindsay Fielding, 35, unemployed and Kelly Joanne Fielding, 30, beneficiary, both of Ohakune were remanded without plea on charges of possession of cannabis leaf, possession of a cannabis preparation and unlawful possession of a .22 calibre firearm on 3 May. They are to appear to answer these charges on 13 July. Old seed David Martin Nottage, 36, driver of Ohakune, told the Court he had a good job as a driver and was not planning to make a "full-scale operation" out of growing cannabis when he pleaded guilty to one charge of possessing a cannabis plant and one charge of possessing 1 34 seeds at his home which was searched on 8 June. He told the Court that he had been smoking cannabis since the age of 13 and that he was surprised when, in this climate, one of the seeds ("which were about 10 years old") had suddenly germinated. He had taken it indoors as an experiment to "see what happened". He assured the Court that driving was a better job and provided a better income and any cannabis growing had been only for his own personal use. He was convicted and fined $150, court costs $95 on each charge. Cannabis leaf Robert Kenneth Maihi, 30, driver of Ohakune, pleaded guilty to a charge of possessing cannabis leaf when he was found to have four cannabis cigarettes in his possession when he was apprehended by police at the rear door to the public bar of the Ohakune Hotel on 10 June. He was convicted and fined $150, court costs $95. Remanded without plea Quinn Henare, 19 Access worker of Raetihi,

was remanded without plea on a charge of assaulting a female, Morwenna Herewini, on 31 May. Cannabis preparation Jason Miles Hern, 32, unemployed of Ohakune, pleaded guilty to a charge of possession of a cannabis preparation (two capsules of cannabis oil) following the execution of a search warrant at his home on 8 June. He was convicted and fined $250, court costs $95. Name confusion Janet Heremaia, 50, unemployed of Raetihi, appeared on two charges of driving while disqualified (on 13 May and 23 May) as well as one charge of driving with excess breath alcohol of 800: 1 on 13 May. However doubt was raised when it was discovered that there may have been some confusion about the surname 'Heremaia' as another offender had a very similar name. Judge Laing said he was not prepared to hear the case until positive identification had been established and he advised the prosecution to refer the matter to the police senior legal counsel in Wellington for advice. 'Driving' includes 'steering' Robert Francis Paul, 43, unemployed of Ohakune, was going to enter a plea of not guilty to driving while disqualified on the Rangataua Road on 25 May claiming that he was only steering a motor vehicle that was being towed. However, Judge Laing pointed out that the law stated that the term 'driving' now included 'steering' a towed vehicle and he advised the defendant to seek legal advice before he appeared without plea to answer the driving while disqualified charge next month. He was remanded to 13 July. Burglary charge Robert Lewis Tumanaka Paul, 17, unemployed of Ohakune, was remanded without plea to answer a charge of allegedly breaking and entering a dwelling house at 5 Kaha Street on 21 April. He is to appear on 1 3 July to plead to the charge. Counsel: Paul Brown. Three charges Dean Richards, 21, bushman of Raetihi, was remanded without plea to answer three alleged charges relating to an incident in Raetihi on 3 June. The charges were: causing intentional damage to three glass windows valued at $82 1 the property of the Ruapehu Hotel; behaving in a disorderly manner likely to cause violence at the Ruapehu Hotel and; assaulting a police constable. He was remanded to 13 July to seek legal advice. Driving charges Richard Craig Taura, 21, unemployed of Raetihi, was remanded without plea on two charges of driving while disqualified (on 24 April and 1 1 May) and one charge of dangerous driving. He was remanded to appear on 13 July. Counsel: Paul Brown. Court continued next week