OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 13, Issue 617, 19 December 1995, Page 10

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Gregory Ross in the District Court on Thursday 7 December. Police sergeant Bob Evans, formerly of Ohakune but now stationedin Wanganui, appeared for the prosecution.

Jail term possible Daryn Francis Kahia, 22, contract bushman of Ohakune, appeared for sentence on a charge of driving with excess breath alcohol (1056:1) on SH4 near Raetihi on 1 1 November. Kahia had been

stopped by police when they noticed his erratic driving. It was Kahia' s fifth drinkdriving conviction since 1990 and Judge Ross told Kahia the only reason why he was not being held in custody until he came up for sentence was because

Court next sat in February 1996. Bail was allowed but Kahia was told that this did not mean he would not receive a prison sentence when he appeared for a probation officer's report and alcohol assessment on 1 February 1996. Conditions of bail included an order that Kahia does not drive any motor vehicle while on remand. Counsel: Eric Forster. No brakes, no warrant, no registration Clayton JohnHenare, 19, forestry worker of Raetihi, pleaded guilty to three charges after a fourth charge (of failing to stop) was withdrawn by consent, * He pleaded guilty to driving while disqualified, dangerous driving and driving with excess breath alcohol in Raetihi on 18 November, two days after he was handed down a 9month disqualification when he appeared in the Ohakune District Court last month. The police evidence was that Henare was seen riding a motor cycle in Seddon Street at 5.30am. He was then followed by the police vehicle into Plunket Street, Ranfurly Terrace before turning onto Valley Road where he collided with the police vehicle. When stopped, the motor cycle was found to have no brakes, no warrant of fitness and no certificate of registration. He was remanded on bail to appear on 1 February 1996 for a probation officer's report and sentence and ordered not to enter licensed premises while on remand. Counsel: Paul Brown. Diversion opportunity missed Rex Te Wainui Mareikura, 36, self-

employed of Ohakune, pleaded guilty to one charge of assault on a child and one charge of common assault. The first assault occurred on 15 August when the 10year old child was found at home when he should have been at school. Mariekura struck the child on the buttocks with a piece of wood but, as the child squirmed, one blow fell onto his back in the kidney region causing bruises and soreness which was noticed by teachers when he returned to school the next day. They reported these injuries. The second incident arose in October when a 16-year old boy was found playing video games at home instead of being at school. An altercation took place during which the defendant punched and slapped the complainant about the face. Following the first assault the police had been considering diversion as Mareikura was, at that time, a first offender. However, following the second assault the police were left with no other option than to bring charges. Mareikura, who is no longer living at home, was grantedbail until 1 February on the condition that any contact with his family takes place under the supervision of his Whanau. Counsel: Paul Brown. Final warning for persistent offender Roberf Francis Paul, 22, unemployed of Rangataua, changed his plea from not guilty to guilty on a driving while disqualified charge after a charge of receiving was withdrawn by consent. Court heard ho w Paul had been seen by police behind the wheel of his car outside his home in Rangataua on 3 1 July and, when asked for an explanation as to why he was intending to drive knowing that he was a disqualified driver, he had

replied, "Yep ... I'm going to town". However, in Court last Thursday, Paul's counsel, Paul Brown, said the remark was said facetiously and it was never intended to be taken seriously. Mr Brown told the Court that in fact his client had merely been moving his vehicle from one part of his section to re-park it on another part but had to leave the driveway and go onto the road to do so. Judge Ross rejected this explanation and described Paul as a persistent offender as far as driving while disqualified was concerned saying there was an element of blatancy in his attitude towards his previous convictions for driving while disqualified. In imposing a 1 2-month period of disqualification Paul was given a final warning. Final remand Dallas Clayton Elers, 27, mill hand of Raetihi, was further remanded without plea to answer a charge of assaulting a female having been remanded without plea when he appeared in court last month. In remanding him to 1 February 1996 Judge Ross told Elers he must be ready to enter a plea by then and this was a final remand on that charge. Counsel: Paul Brown. Remand wifhout plea Adrian Michael Brown, 20, unemployed, of Tauranga, was remanded without plea to appear in the Ohakune District Court on 1 February 1996 to answer a charge of behaving in a disorderly manner likely to cause violence outside the Ohakune Courthouse last Court day (16.11.95). Disorderly behaviour John Joseph Henare, 44, unemployed of Raetihi, was remanded without plea to appear on 1 February 1996 to answer one charge of

obstructing a police constable and to one charge of disorderly behaviour likely to cause violence outside the Ohakune Courthouse last Court day (16.11.95). Resisting police Gene Henare, 22, unemployed of Raetihi, was remanded without plea to appear on 1 February 1996 to answer one charge of resisting police and to one charge of behaving in a disorderly manner likely to cause violence outside the Ohakune Courthouse last Court day (16.11.95). Four charges denied Quinn Henare, 19, unemployed of Raetihi, pleaded not guilty to charges of cultivating cannabis, possessing utensils 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. He was remanded to appear for a defended hearing on 29 February 1996. Counsel: Paul Brown. Restricted driving imposed Paul Neil Whale, 21, labourer of Ohakune, was remanded without plea to 1 February 1996 to answer a charge of driving with excess blood alcohol of 1 44. 1 (the limit is 80: 1 ) on the Rangataua Road on 28 October. A condition of bail was that he not drive any motor vehicle other than that associated with his work as a plant nurseryman. Counsel: Eric Forster. Warrant for arrest Richard Craig Taura, 22, unemployed of Mt Maunganui , failed to appear to answer charges of dangerous driving, driving while disqualified and failing to stop when signalled to do so by a police vehicle' s siren and flashing TURNTOPAGE 12

DISTRICT COURT

FROM PAGE 10 lights on 14 October in Seddon Street, Raetihi. An arrest warrant was issued after police claimed that Taura was proving somewhat elusive. Under age driver over the limit Michael Gilbert TeAhou Wihapi, 19, self-employed of Ohakune, pleaded guilty to a charge that, being a person under 20 years of age, he drove a vehicle while his breath alcohol exceeded the 150:1 limit for that age group. He was involved in a single car accident on 16 November. He was convicted and fined $400, court costs $95 and disqualified for five months. Charges of receiving denied Marcus Victor Herewini, 19, forestry workerof Raetihi, pleaded not guilty to two charges of receiving involving four magnesium alloy wheels and tyres, a golf-bag, a trundler and 13 golf clubs together valued at $1500. He was remanded on bail until 29 February. Counsel: Eric Forster. Change of bail conditions Elvis Aaron Te Aramoana Reuben, 25, unemployed of Ohakune, was remanded without plea to appear on 1 February 1996 to answer a charge of assaulting a female. When first given bail last month one of the conditions of bail was that he not contact or associate with the complainant. However, at the request of his counsel, Paul Brown, conditions of bail were eased to allow him access to his child who lived with the complainant.