OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 14, Issue 660, 29 October 1996, Page 10

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Lynton Laing in the Ohakune District Court on Thursday 17 October. Police-sergeant Craig Hawkins of Taumarunui appeared for the prosecution. "Voluntary appearance" questioned Lewis Te Huia TeKura, 25, shearer of Raetihi, was remanded in custody to appear in the Palmerston North District Court on 21 October (yesterday) to answer charges of driving while disqualified and failing to attend periodic detention in Palmerston North without reasonable excuse, on 26 April. The sentence of periodic detention had been imposed following a charge of assault on a police officer in April. The driving while disqualified charge related to an offence committed in Ward Street, Raetihi, on 7 October. Duty solicitor, Paul Brown, said that he had only just received instructions from TeKura minutes

before his appearance last Thursday afternoon. He told the Court that his client was making a "voluntary appearance", to which Judge Laing (who had the advantage of being in possession of an updated police report) responded: "Voluntary appearance? Wasn't he arrested this morning?" Paul Brown acknowledged that his client had omitted to mention this fact to him. Impact of disqualification Harold Raymond Smith, 69, retired of Rangataua, pleaded guilty to a charge of driving with an excess breath alcohol level of 764:1 on the Ohakune-Rangataua Road at 5.55pm on 14 September. Counsel Paul Brown said his client' s only social outing each week since the death of his wife last year, was to have„a few drinks and a chat with his mates at the Ohakune Hotel and this is what he had done on the evening in question.

He had been doing this for some time and always believed he was capable of driving home safely. In more that 50 years of driving he had never before been arrested for drink-driving. In handing down a sentence of disqualification and a fine, Judge Laing told the defendant, as a first offender, the fine would be minimal because the order for disqualification would impact much more heavily on a person in such circumstances living in Rangataua. Smith was convicted and fined $350, court costs $95, and disqualified for the minimum period of six months. Remanded for defended hearing Adolphus Dolphy Kohu, 47, unemployed of Ohakune, pleaded not guilty to a charge of possession of cannabis leaf for supply on or about 29 June. He was remanded to appear for a defended hearing on 14 November. Counsel: Eric Forster.

To seek legal advice Ricardo Luis Westermeier, 17, unemployed of Ohakune, was remanded without plea on charges of: possession of cannabis oil on 24 September and; to possession of a pipe for the purpose of contravening the Misuse of Drugs Act. He was remanded to appear again on 14 November in order to obtain legal advice. Remanded without plea Ivan Christopher Hall, 37, farmhand of Raetihi, was remanded without plea to appear again on- 14 November to answer a charge of driving with an excess breath alcohol level of 1241:1 in Queen Street, Raetihi, on 3 October. Counsel: Paul Brown. Male assaults female alleged Keith Ellery, 33, labourer of Ohakune, was charged with assaulting a female on 13 October. He was remanded without plea to appear again in the Ohakune District Court on 14 November.