Jail term 'inevitable' following drink driving record

Ruapehu Bulletin, Volume 13, Issue 635, 7 May 1996, Page 14

Jail term 'inevitable' following drink driving record

The following cases were heard by Judge Barry Lovegrove in the Ohakune District Court last Thursday. Police senior-sergeant Ross Bielby of Ohakune appeared for tjie prosecution. Jail term 'inevitable' David Zane Cadwallader, 33, shearer of Raetihi, was jailed for five months when he appeared for sentence after being found guilty on charges of drink driving and driving while disqualified following adefendedhearing at last month's Court proceedings. r He had then been remanded in custody for five weeks until his appearance last Thursday. Through his counsel, Paul Brown, a strong plea was made for a lenient sentence given that Cadwallader had finally come to realise (during his five weeks in custody) the serious impact his many alcohol-related driving offences (four convictions for driving while disqualified and six previous convictions for drink-driving) had had on his family, his employers and himself. Judge Lovegrove agreed it was a "tragedy" that someone who was obviously a good family man, a hard worker, who was prepared to get involved with community projects should put all that at risk. But a jail sentence was inevitable given the past record of alcohol related driving offences combined with the very high breath alcohol level (987:l)involved in his most recent case. Cadwallader was told that he had visited this situation on himself, his family and his employers. On the driving while disqualified charge he was jailed for five months and on the drink-driving charge he was sentenced to a concurrent two month jail term. These sentences reflected the five weeks already

spent in custody and also allowed outstanding, unpaid fines for previous offences to be remitted. He was disqualified from driving for two years and ordered to attend a drug and alcohol assessment centre. Assault charge reduced Michael Hugh Gordon, 43, of Raetihi, pleaded guilty to a lesser charge of common assault after a charge of assault with intent to cause injury was withdrawn by consent. The assault charge arose out of an jncident in the Ohakune Hotel on 4 December last year when the bar manager, Maxwell Charles Hodder, asked Gordon to remove his children from the bar. Gordon refused to comply and an argument developed when Gordon was told he would not be served with further drinks until the children were removed from the bar. The verbal exchange escalated into a physical one when Gordon walked behind the bar and punchedthe complainant about the head and face causing him to fall to the floor with head and facial injuries which "bled profusely". Judge Lovegrove said he was not prepared to pass sentence until he had received a full probation officers report as well as a victim impact report and remanded Gordon to appear on 30 May for sentence. Gordon was ordered not to enter the Ohakune Hotel during the remand period. Counsel: Paul Brown. Assault on bar manager Phillip Hanley Ellery, 35, garden worker of Ohakune, pleaded guilty to a charge of assaulting

Maxwell Charles Hodder, Ohakune Hotel bar manager, on 27 April. Court heard how Ellery, who had been a regular patron at the hotel for the past 15 years, had intervened by stepping between the bar manager and Ellery' s nephew who the bar manager was attempting to evict. Ellery thought that his nephew was being picked on. When Mr Hodder told Ellery that he was now banned for two years Ellery' s response was to punch the bar manager in the head. In convicting and fining Ellery $500 (of which $400 was to be paid to the complainant) and imposing court costs of $95 , Judge Lovegrove said that it appeared there was nothing in the behaviour of the bar manager to suggest Ellery had been provoked and such an assault was "entirely inappropriate." Judge Lovegrove told the court that Mr Hodder expressed the belief that he was seen as "an easy target" for drunk and disorderly patrons. Counsel: Paul Brown. Stole from friend ... unwittingly Brett O'Hara, 25, unemployed of Ohakune, pleaded guilty to a charge of burglary in Morrinsville on 17 November last year. Court heard how defendant had broken into a house and stolen a stereo and other property while "grossly intoxicated" and not realising it was the home of a friend. When questioned by police he readily admitted his involvement and all the stolen property was returned to the owner.

He was convicted and sentenced to 140 hours community service as directed by the probation officer. Outstanding fines of $1600 were remitted as part of this community service sentence but defendant was given a final warning of a custodial sentence should he re-offend on dishonesty charges. Counsel:. Paul Brown. Call of nature Rangi Williams, 46, unemployed of Ohakune, pleaded guilty to a charge of driving with an excess breath alcohol level of 1074:1 on SH49 on 16 February. Court heard how apassenger in defendant' s car urgently needed to relieve himself on the way home from the pub but, instead of pulling over to the side of the road before stopping,

Williams had stopped in the middle of the road. He was convicted and fined $1100, court costs $95, and disqualified from driving for 12 months. Counsel: Eric Forster. Asleep behind wheel Orson Hiroti, 22, sickness beneficiary of Raetihi, pleaded guilty to driving with excess breath alcohol (704: 1) at the intersection of Ward and Grey Streets in Raetihi at 3am on 1 3 January . He had been found asleep behind the wheel by a police patrol and admitted he had driven the car to where it was parked. He was convicted and fined $650, court costs $95, and disqualified from driving for seven months. He was ordered to pay the fine at the rate of $15 per week. Counsel: Paul Brown. Pretence at sleep Mark Anthony Evans, 25, tradesman of Ohakune, pleaded guilty to a charge of driving with excess breath alcohol (738:1) on the night of 19 April. Evans was seen by police to dri ve from the Ohakune Hotel carpark into the Ohakune/Raetihi- Road at 1 0. 1 5pm. On seeing the police vehicle Evans had pulled to the side of the road, stopped and, when approached by a police officer, pretended to be asleep. He was convicted and fined $850, court costs $95, and disqualified for nine months. He was ordered to pay the fine at the rate of $25 per week. Counsel: Eric Forster. Charge reduced Michelle Ingoa Taura Grieg, 33, unemployed of no fixed abode, had a charge of burglary reduced to the lesser charge of "being found without reasonable excuse in the Ohakune Bowling Club on 26 February". She pleaded not guilty and was remanded on bail to appear again in the Ohakune District Court on 30 May for a defended hearing at which a review of sentence of 18 months supervision (imposed by the New Plymouth Court) would also be heard. Charges dropped Duncan Vincent Metekingi, 20, unemployed of Raetihi, was to have appeared for a defended hearing on two charges of assault but when two of the civilian prosecution witness (including the complainant in both incidents) failed to appear in Court last Thursday, prosecuting senior-sergeant Ross Bielby said that without their evidence he was unable to proceed with the case. Remanded for assessment Katrina Marie Arahanga, 23, sok parent of Raetihi, pleaded guilty to a charge of driving while disqualified and driving with excess breath alcohol (732:1) in Whakatane on 9 December last year. She was convicted and remanded for a probation officers report and a drug and alcohol assessment to appear again in the Ohakune District Court on 30 May. Counsel: Eric Forster.