Remanded in custody after seat swap alleged

Ruapehu Bulletin, Volume 13, Issue 630, 2 April 1996, Page 23

Remanded in custody after seat swap alleged

The following cases were heard by Judge Gregory Ross in the Ohakune District Court

last Thursday. Senior-ser-geant Ross Beilby of Ohakune appeared for the Police prosecution A question of identity * DavidZaneCadwallader, 33, shearerof Raetihi, was remanded in custody for a probation officer's report and sentence when he was found guilty following a defended hearing on a charge of driving while disqualified in Raetihi on 22 September. He had been disqualified from driving in July 1995. Raetihi police constable Steve Hart said that, while stopped at the junction of Seddon Street and SH4, he saw a car "bunny hopping" as it approached the intersection from the direction of Ohakune at 9.20pm. As the Chrysler Valiant turned left onto SH4 it passed to the left of a stationary vehicle already at the Give Way sign on the opposite side of the road and indicating a left-hand turn. Constable Hart noted that the driver of the Valiant was a large man in a checked bush shirt who he recognised as the defendant. He put on his flashing lights and followed the car, keeping his eye on the driver until the vehicle came to "a gliding stop" about 75 metres from the intersection. He did not see the car's brake lights activated. He noted the driver trying to get out of the drivers seat by throwing himself across the other

occupants of the front seat and, for that reason, he went to the passenger door and noted Cadwallader lying on top of the other two occupants with his head towards the passenger door. Cadwallader was wearing a yellow and black bush shirt which was quite unlike the clothing worn by the other occupants who were sitting to the left and centre of the bench front seat. Constable Hart said he had to assist Cadwallader from the vehicle. When asked initially who had been driving Cadwallader admitted that he had but then denied it, saying that his earlier admission was "because I wanted the other guys to get away." Asked then who had been driving Cadwallader replied "don't know". Constable Hart explained that he had kept the driver under observation the entire time because past experience had shown that drivers sometimes "took off ' or attempted to change positions when stopped by police at night. Cadwallader todl the court that after drinking with Ivah Hall and Peter Arahanga at the Ohakune Hotel he had returned with them to Raetihi. He said he had been Teaching forward, from the back seat, towards the cigarette lighter on the dashboard as they reached the intersection and had been thrown into the front seat when the vehicle came to a

sudden stop. He said that the vehicle' s owner, Ivan Hall, had been driving. Ivan Hall claimed he had been driving when they reached the intersection but did not remember seeing the other vehicle indicating a left-hand turn. He and Arahanga backed up Cadwallader' s story that he had been thrown over from the back seat. Judge Ross said his decision must rely on the evidence of a single prosecution witness (Constable Hart) and three defence witness. He said Constable Hart' s evidence had been given "in a careful, conservative and non-emotive matter-of-fact manner. He had been exceedingly observant" and had noted the physical size of defendant and the clothing he was wearing. Constable Hart had also noted there was no back seat passenger as the car turned at the intersection and that the person who claimed to be the driver was sitting in the middle of the front seat when he opened the passenger door. Judge Ross said while there was a "general consistency" in the witnesses' stories there were some minor differences. This could be as a result of the consumption of alcohol over a considerable period of time. He said he found the evidence of Constable Hart "infinitely more preferable" and he distrusted the "highly improbable" evidence of the others.

Cadwallader was remanded in custody for probation officers report and sentence (in custody because of his previous drink-driving and driving while disqualified record). For driving with excess breath alcohol (987: 1 ) Cadwallader was remanded to appear for sentence on 2 May. Counsel: Paul Brown. Warrants for arrests □ Michael Ross Bryers, 20, unemployed of Taharoa was to have appeared on a charge of possession of cannabis plant on 2 March. Failing his appearance a warrant for arrest was issued. O Adrian Michael Brown, 19, orchardist of Mt Maunganui, was to have appeared on a charge of disorderly behaviour causing violence in Ohakune on 16 November. Failing his appearance a warrant for arrest was issued. O Gene Henare, 22, bushman of Raetihi, was to have appeared on charges of disorderly behaviour causing violence and resisting police in Ohakune on 16 November. Failing his appearance a warrant for arrest was issued. □ William Peter Pikari, 33, orderly of Otahuhu, was to have appeared on one charge of driving with excess breath alcohol (852:1) on the Raetihi/ Ohakune Road on 1 3 October last year and to one charge of dangerous driving at the same time and place. When he failed to appear a warrant for arrest was issued. Pikari failed to appear in the Ohakune District Court on these same charges in November last year and a warrant for his arrest was issued on that occasion too.