'Great skill and daring' defence against water flicks denied

Ruapehu Bulletin, Volume 13, Issue 613, 21 November 1995, Page 10

'Great skill and daring' defence against water flicks denied

The following cases were heard by Judge Richard Watson in the Ohakune District Court last Thursday. Police-sergeant Bob Evans of Ohakune appeared for the prosecution. Grossly eccessive David Ian McKenzie Fairhurst, 27, carrot sorter of Ohakune, had pleaded not guilty to a charge of assaulting a female when he appeared at the September sitting of the Court and was remanded to last Thursday for a defended hearing. Fairhurst chose to conduct his own defence. The charge was that the complainant, Emma Jane Cutler, had been kicked by the defendant while the two were working at Kim Young and Sons carrotwashing shed in

Mangateitei Road on the afternoon of the 25 August. The kick resulted in the complainant falling backwards into a 1 .4 metre-deep concrete truck loading pit. Ms Cutler testified that while she was working beside the defendant on the carrot washer her sleeves had become wet. This meant that each time she threw a sub-standard carrot into the reject bin drips of water might have been flicked accidentally, onto the defendant. She denied flicking water deliberately and also denied hitting him in the face with a carrot. Ms Cutler said that following an altercation with Fairhurst who told her to

move to another belt and her refusal, Fairhurst had grabbed her by the shirt and pulled her down from beside the washing-belt. She said she did not recall being kicked but does remember falling down the pit. She was told later by co-workers that she had been kicked in the stomach. She was winded and had to seek medical attention. Co-worker Patrick Barton said he saw Fairhurst "grab Emma, push her off the step, kick her in the guts and throw her off the edge". At no time did he see Ms Cutler trying to hit Fairhurst. Co-worker Mark Haddon confirmed that he saw Fairhurst push the com-

plainant off the step and "kick her in the guts". A video taped interyiew of Fairhurst taken by Constable Stuart Ngatai was then screened in Court. In it Fairhurst admitted kicking the complainant but claimed that he had acted in selfdefence. He was concerned about the germs that might have been in the water and on Ms Cutler' s clothes. In his summing up Judge Watson told Fairhurst that it was "absolute nonsense that you were in any danger". He said to claim selfdefence the reaction must be commensurate with the degree of assault. "Your reaction to being flicked with water and pos-

sibly being hit with a carrot was quite unreasonable and grossly excessive but, by great skill and daring, you managed to avoid sustaining further injury". Fairhurst was convicted and fined $800, half of which is to be paid to the complainant for loss of earnings resulting from injuries to her back. He was also ordered to pay witness expenses of $102. Careless use Robert Lewis Paul, 18, unemployed of Ohakune, appeared for a defended hearing on a charge of using a motor vehicle carelessly in Miro Street, Ohakune, on 6 August after earlier pleading not guilty.

The careless use charge involved failing to give way, failing to reduce speed at intersections and driving without lights. Olivia Ratana told the court she was a passenger in the car being driven by the defendant that night. She had accepted a lift home from Paul when they left the social club in Raetihi where they had been drinking. She didn't remember many of the events that night except switching the car's lights off and on before being stopped by police. Constable Steve Hart testified that he had been driving a police patrol vehicle in Clyde Street at about 2. 1 0am on 6 August and, as he approached the service station from the direction of Waiouru, he saw a vehicle travelling at speed from the direction of Raetihi and cross in front of him into Miro Street without giving way, forcing him to brake. He recognised the defendant (in the beam of his vehicle' s headlights) as well as the vehicle (a Nissan Langley) but, as he was responding to a more urgent call-out, he was unable to follow at that stage. However he did observe the vehicle continue to travel at speed up Miro Street without its lights switched on. Constable Robert Dowman said that at about 2am he was in a patrol vehicle in the Shannon Street/ Miro Street area. He saw a vehicle approaching at speed and without lights up Miro St. It did not reduce speed as it went through the Miro Street/Shannon Street intersection. Hegavechase, stopped the car and identified the driver as Paul. Judge Watson told the defendant that by failing to give-way and continuing to drive while his passenger was interfering with the vehicle' s lights was not what was expected of a reasonable and prudent driver. Paul was disqualified for two months and sentenced to 160 hours community service part of which was in remittance of outstanding fines totalling over $2000. 'Breathtaking arrogance' Adam Dominick Stephen Haitana, 29, unemployed of Raetihi, was convicted and remanded in custody to appear in the Wanganui District Court on 28 November

when he pleaded guilty to a charge of driving with excess breath alcohol and driving while disqualified. On 1 4 September Haitana was convicted and sentenced in the Ohakune District Court to 120 hours community service and disqualified for 10 months after pleading guilty to driving with excess breath alcohol ( 1 0 1 0: 1 ) in Foy le Street, Ohakune, on 1 September. On 17 September, three days after being convicted and sentenced, Haitana was stopped again by police and found to have an excess breath alcohol count of 945:1. He told police that he had consumed half a keg of beer and half a bottle of whisky. In remanding Haitana in custody and calling for a full probation report Judge Watson described the defendant' s attitude as showing "absolutely, breathtaking arrogance" towards Court imposed orders and "total irresponsibility" towards the community. Counsel: Paul Brown. Late for court: held in custody Quinn Henare, 19, unemployed of Raetihi initially failed to appear when his name was called to answer charges of: cultivating cannabis; possession of a utensil used in the preparation of a substance prohibited under the Misuse of Drugs Act; permitting premises to be used in contravention of the Misuse of Drugs Act and; assaulting a police constable. All charges related to incidents which occurred on 14 October. Following his failure to appear when Court commenced at 10am a warrant for arrest was issued. When Henare turned up Tater he was arrested and held in custody at the Ohakune police station until his appearance before the Court in the afternoon. He was then remanded without plea to 7 December. Counsel: Paul Brown. Warrant for arrest William Peter Pikari, 33, orderly of Otahuhu, failed to appear to answer charges of driving dangerously and with excess breath alcohol (852:1) on the Ohakune/ Raetihi Road on 13 October. A warrant for arrest was issued.