'Uncontrolled flying bomb' convicted of driving offences

Ruapehu Bulletin, Volume 13, Issue 599, 15 August 1995, Page 16

'Uncontrolled flying bomb' convicted of driving offences

The following cases were heard by Judge Barry Lovegrove of Palmerston North in the Ohakune District Court last Thursday. Police-sergeant Luke Crawford of Taumarunui, appeared for the prosecution. "Flying bomb" Justin Menga, 20, student of Auckland, pleaded guilty to charges of: unlawfully taking a motor vehicle (a 1988 Mitsubishi Cyborg valued at $ 1 5 ,000) ; dangerous use of a motor vehicle and; failing to stop after being signalled to do so by the use of a police siren and flashing lights. . These charges arose out of an incident on the night of 6 August when, after drinking a half bottle of vodka and kahlua at an Ohakune establishment, Menga had taken the ignition keys of the Mitsubishi from where his friend (the owner of the vehicle) had left them. He had then dri ven at high speed (up to 120km/h) through Ohakune where, after being signalled to stop, he had pulled over initially before suddenly accelerating and heading out towards Waiouru on SH49 at speeds Teaching 160km/h. When he attempted to -tum off SH49 near Ohutu Grazing he had lost control

of the vehicle before crashing through signage and missing a pole by 30cm. Menga and his passenger had run off and when finally located and breath tested afew hours later, was found to be below the legal limit. Representing himself Menga said he was "deeply ashamed" by his actions on the night and, as he was unable to explain why he had driven in such a manner, acknowledged that he might have an alcohol problem. Judge Lovegrove agreed describing Menga as an "uncontrolled flying bomb" who had endangered not only himself and his passenger but other motorists and pedestrians who were still in the business district of Ohakune at that time of night. In remanding the defendant to the Otahuhu District Court for sentencing on 14 September so that he could undergo alcohol assessment, Judge Lovegrove imposed a condition of bail that Menga must not drive during the remand period. Found cheque book Kelvin Patrick Edmonds, 23, tree pruner of Raetihi, pleaded guilty to a charge of obtaining an unlawful pecuniary advantage by falsely using a cheque valued at $73.45 to purchase

goods at the One Stop Shop in Seddon Street, Raetihi, on 26 May. Court heard how Edmonds had found a cheque book which had blown off a boat trailer being towed on SH4 some time earlier. When the cheque for $73.45 was presented for cash at the One Stop Shop Edmonds explained that he had been paid for supplying firewood. In mitigation, the defendant's counsel, Paul Brown, said that, at the time, his client had been very short of money for food and other essentials having been paid only 50 cents for every tree he pruned, and had succumbed to temptation. Mr Brown explained that Edmonds had already made full reparationof $73.45 on his own volition. Edmonds was convicted and fined $200, court costs $95, to be paid at the rate of $20 per week. Acknowledges responsibility Mario George Gray, 24, forestry training supervisor of Raetihi, pleaded guilty to a charge of: 'Male assaults female' (his de-facto partner) on 30 July. Court heard how, following a confrontation about

his inebriated state on that evening, Gray had pushed his partner against the wall and slapped her about the face several times. When interviewed later by police he acknowledged that he was responsible for his actiOns and he couldn't blame his partner. Judge Lovegrove told Gray that by assaulting his partner he \yas putting a very precious and valued relationship at risk. Gray was told by Judge Lovegrove that his acknowledgment of responsibility was to his credit but reminded Gray that violence can never be justified no matter how much provocation or feelings of anger are involved. Gray was convicted and fined $300, court costs $95. Drink driving JamesTeKakahi Waerea, 30, garden hand of Raetihi, pleaded guilty to a charge of driving with excess breath alcohol (700:1) on State Highway 49 (the Ohakune-Raetihi road) on 15 July. Court heard ho w W aerea had been observed by a police patrol to cross the centre line three times before being signalled to stop by the use of flashing lights and sounding of a siren. It was some time before he responded. He was convicted and fined $750, court costs $95 and disqualified from driving or obtaining a licence for seven months. Warrant for arrest Jason Murray Jones, 20, student of Auckland, failed to appear on a charge of driving with excess breath alcohol (500: 1) at the intersection of Miro and Conway Streets on 15 July. A further charge of causing damage to the grass surface of Christie Park on the

same date was withdrawn when Court heard that the damage had been repaired by the defendant. On the drink driving charge and subsequent failure to appear a warrant for arrest was issued. "Must have fallen asleep" Murdoch Henare, 56, saw doctor of Ohakune, pleaded guilty to a charge of driving with excess breath alcohol (850: 1 ) at 3am in Goldfinch Street, Ohakune, on 29 July. Court heard how the defendant' s vehicle had been driven across the roadside kerb and grass verge near the Ohakune Court Motel before coming to rest on a rock garden. Defendant explained that he "must have fallen asleep". He was convicted and fined $850, court costs $95 and disqualified from driving or obtaining a licence for eight months. Disorderly behaviour alleged Jerry Hiroti, 36, unemployed of Raetihi, was remanded to appear in the Ohakune District Court on 14 September on a charge of allegedly behaving in a disorderly way likely to cause violence in Seddon Street, Raetihi, on 18 July. Counsel: Paul Brown. In custody Paul Murray Sillick, 20, student of Auckland, was to have appeared on a charge of failing to appear last month to answer charges of reckless driving and driving while disqualified but when he again failed to appear last Thursday it was learnt that he was already being held in police custody in Auckland and would be appearing in the Auckland District Court on 16 August. Two charges

Zelynda Gae Paul, 19, solo parent of Ohakune, was remanded without plea on one charge of allegedly threatening to kill and one of alleged burglary of the Hot Lava Niteclub in Ohakune on 27 July. She was remanded to appear in the Ohakune District Court on 14 September for the taking of a plea. Failed to appear Hariboy Hetaraka, 22, unemployed of no fixed abode, failed to appear on a charge of earlier failing to appear in the Wanganui District Court while on bail without sufficient excuse not to attend in person. A warrant for arrest was issued. Assault charge denied Shane Wayne Christensen, 22, unemployed of Raetihi, pleaded not guilty to a charge of assaulting a female on 1 July at Raetihi. He was remanded to appear for a defended hearing on 14 September. Counsel: Paul Brown. Not guilty plea LeeAnne Jones, 30, shop assistant of Waiouru, pleaded not guilty when she appeared on a charge of driving with excess breath alcohol on 23 June at Waiouru. She was remanded to appear in the Ohakune District Court for a defended hearing on 12 October. Counsel: Paul Brown. Detained Leslie Raymond Parr, 2 1 , unemployed of Raetihi, was to have appeared on two charges of burglary involving a car stereo valued at $38*0, a swandri j acket valued at $ 1 00 and a quantity of beer valued at $30. He had been remanded for a probation officers report and sentence on these charges last month but when he failed to appear

last Thursday, Court learnt that the defendant was being "detained" in a hospital facility. Not guilty plea Barney George Henare, 29, unemployed of Ohakune, pleaded not guilty to a charge of driving while disqualified in Clyde Street, Ohakune, on 18 July. He was remanded to appear for a defended hearing on 12 October. Counsel: Eric Forster Remand without plea Adrian Michael Brown, 19, unemployed of Raetihi, was remanded without plea to appear in the Ohakune District Court on 14 September on a charge of allegedly driving while disqualified on SH49 (the Raetihi-Ohakune road) on 6 May. Counsel: Paul Brown. Change of bail conditions Lindon Desmond Blake, 29, unemployed of Rotorua, applied for a change of bail conditions when he appeared on a charge of 'male assaults female' on 29 July. The change applied for was that he (defendant) should be allowed to contact and associate with the complainant who was also in Ccart and who agreed she would not oppose the change. Blake was remanded to appear on the assault charge on 14 September with the change in bail conditions approved. Counsel: Paul Brown. Name suppression A 36-year old Raetihi man was further remanded without plea to 14 September on a charge of committing an indecent act on a female. He was granted interim suppression of name during the remand period. Counsel: Paul Brown. Careless use Michael Robert Spiers, 18, student of Massey University in Palmerston North, pleaded guilty by letter to a charge of careless use of a motor vehicle on 17 March. Court heard how the Suzuki vehicle which Speirs had been driving between Palmerston North and Te Awamutu, rolled just four kms north of Ohakune damaging about 30m of stock fence on SH49. Speirs was convicted and fined $ 1 50, court costs $95 but as this was his first offence on a driving charge, no period of disqualification was imposed. 'Used documents' Robert Lewis Tumanako Paul, 17, unemployed of Ohakune, pleaded not guilty to four charges of unlawfully using documents with the intention to defraud and thereby obtain a pecuniary advantage to himself. In each case a BNZ cheque was used. Details of each charge are as follows: A $140.25 cheque to obtain meat and cash from the Waiouru Meat Market between 20 and 23 March. A $287.80 Turn to Page 19

OHAKUNE DISTRICT COURT

FROMPAGE 16 cheque to obtain alcohol, groceries and cash from the Armed Services Canteen in Waiouru between 28 and 30 March. A $185.50 cheque to obtain car parts and cash from Waiouru Motors between 28 and 30 March. A $107.50 cheque to obtain groceries and cash from Ohakune New World between 28 and 30 March. He was remanded to appear in the Ohakune District Court on 12 October for a defended hearing. Counsel: Paul Brown. Three charges Dean Richards, 20 bushman of Raetihi, was remanded to appear in the Ohakune District Court on 14 September to answer to charges of: causing intentional damage to three glass windows valued at $85 1 at the Ruapehu Hotel in Raetihi; behaving in a disorderly manner likely to cause violence in the Ruapehu Hotel and; assaulting a police constable. All three charges arose out of an incident at the Ruapehu Hotel on 3 June. Case adjourned Timothy James Moanaroa, 36, activities contractor of T auranga, had a charge of careless use of a motor vehicle on SH49 on 16 July adjourned until 14 September for formal ■ proof of service.