OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 14, Issue 668, 23 December 1996, Page 8

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Gregory Ross of Palmerston North in the Ohakune District Court last Thursday. Senior-Sergeant Ross Bielby appeared for the police prosecution. "Drunk young thug" Vincent Barbarino Elers, 18, tablehand of Ohakune, appeared for sentence on a charge of assault to which he had pleaded guilty last month. Court heard that the police had revised their summary of facts relating to the incident outside Hot Lava Niteclub at on 21 September. It was pointed out that Elers could not have been responsible for all the victim's injuries. The full extent of the injuries could only have come from other "cowardly" bystanders who took part in the assault once the victim had fallen to the ground after being punched twice in the face and kicked once by Elers, claimed his counsel, Paul Brown. Mr Brown described his client as a shy, quiet and inarticulate person who lacked self confidence. Judge Ross said that Elers had started the incident by knocking the victim down and had he not done so the other "cowardly" attackers may not have become involved. In that se'nse Elers was responsible for what had occurred. He described Elers not so much as a shy and quiet person but rather as a sullen and broody type who had become a "drunk young thug" when he attacked his victim without provocation after consuming a quantity of alcohol. Court heard that Elers consumed between $50-$ 100 worth of alcohol each week "which was far too much for a person of your age", said Judge Ross. "Alcohol is for use, not abuse".

Elers was convicted and ordered to come up for sentence in 12 months if he reoffended within that period during which time he was ordered to attend and undertake dmg and alcohol counselling and treatment as directedby his probation officer. He was also ordered to pay reparation costs of $6 1 6 to the victim at the rate of $40 per week. "Rare good story" Vonzqure (Rikki) Kaukau (Retikaukau), 26, forestry worker of Ohakune, made a voluntary appearance to clear up a number of outstanding charges going back to 1991. He had been remanded without plea at last month' s court sitting so that he could obtain legal advice. The charges included driving with excess breath alcohol (459: 1), driving while disqualified, driving a motor vehicle without being a holder of a driving licence and breach of periodic detention in 1992 when he was 22 years of age. Court heard from defence counsel Paul Brown that Kaukau had left Wainuiomata in order to make a fresh start in the Wairarapa before moving to the Waimarino. Asked by Judge Ross why the case had taken so long to come to court: "was he out of the country?" Mr Brown replied: "not out of the country but out of the system". Mr Brown reminded the court that his client was making a voluntary appearance and had not come to the attention of the police for the past four years and was now a qualified forestry worker in Karioi with an excellent work record. A testimonial from his employer was handed to the bench. Judge Ross said it would unfair to impose a penal sentence for offences committed 4-5 years ago when it was obvious he was a different, much-changed person with regular employment and an excellent reference.

"This is a rare good story where someone has taken steps to rehabilitate himself '. On the 1991-92 driving -charges he was discharged without conviction but a monetary penalty had to be imposed as a substitute for the breach of periodic detention which he failed to complete in 1992. He was convicted and fined $300, court costs $95 . Firearms charge Paora Victor Toho, 21, unemployed carver of Wanganui, pleaded guilty to a charge of being in possession of a firearm (a .22 calibrerifle) in Valley Road, Raetihi, on 23 July. The court was told that Toho was seen to get out of a vehicle with a companion and head towards an area of bush adjoining a rest area on Valley Road, Raetihi, with a firearm. This was reported to police by a concerned local resident. His counsel, Eric Forster, said the firearm belonged to Toho' s uncle (who was a licensed firearms holder) and that the area of bush (in which Toho was looking to acquire feathers to be used in conjunction with his carving work) also belonged to his uncle. In convicting and fining Toho $175, court costs $95 Judge Ross said that despite first impressions by the concerned resident who had reported this incident, there had been no sinister overtones but he reminded Toho that his actions were of concern to members of the public. He had also inconvenienced his uncle in that he would have to reapply for the rifle which had been confiscated. Horsepower Joseph Hohepa Mallinson, 27, unemployed of Ohakune, pleaded guilty to a charge of possession of cannabis leaf on 8 March. When he appeared in court it was noted that Mallinson already owed more than $5000 in outstanding fines. These fines, which were incurred for nuTurn to Page 10

OHAKUNE DISTRICT COURT

From Page 8 merous driving offences, were remitted and replaced with a sentence of 150 hours' community service with Judge Ross saying that since Mallinson had decided to limit his future mode of transport to riding horseback, no driving licence or warrant of fitness was required. On the charge of possessing cannabis leaf he was convicted and ordered to come up for sentence if he reoffended within nine months. One charge dropped Ricardo Luis Westermeier, 17, unemployed tele-mar-keter of Auckland, was to have appeared for a defended hearing on two charges to which he had previously pleaded not guilty: one of possession of cannabis oil and one of possession of utensils in contravention of the Misuse of Drugs Act, but he was excused making an appearance on the understanding that if he pleaded guilty to the charge of possession of cannabis oil, the charge of possession of utensils would be dropped. A plea of guilty to the possession of a single capsule of cannabis oil was recprded and Westermeier was convicted and fined $ 1 50, court costs $95 . Remanded on bail Terrence Wliitiora Nelson, 23, painter of Waiouru, pleaded guilty to intentionally damaging a house in Waiouru, the property of Frank de Vecchio on 14 December. He was remanded without plea so that he could seek legal advice. An application for bail was granted subject to the following conditions: Nelson was not to consume alcohol during the remand period; he was not to go to the address of the complainant; he was not to approach or contact a person (not the complainant above) unless he obtained the consent of that person. Voluntary appearance Julian Alexander Patrick Taylor, 29, gardener of Ohakune, made a vojuntary appearance after a warrant for arrest was issued last month. Taylor told the court that he was to be represented by a Wellington lawyer who would not be available until the next Ohakune District Court sitting on 24 January 1 997. He was remanded without plea to that date. Drink-driving in Napier Chon Henare, 20, labourer of Raetihi, pleaded guilty to a charge of driving with an excess blood alcohol level (131:100) on Emerson Street, Napier, at 10.30pm on 3 February. He was convicted and fined $250, court costs

$95. He was also ordered to pay $140 medical expenses and $54 analysts fees and disqualified for six months. "Needs help" Donald Kerewaro Mikinui, 24, beneficiary of Raetihi, appeared for sentence after pleading guilty last month to a charge of behaving in a disorderly manner (urinating) outside the Ohakune Courthouse on 17 October. Defence counsel Paul Brown said his client had an ongoing alcohol problem despite having undergone several treatment programmes and needed further help. He said his client had been so drunk on 17 October that he didn't know what he was doing. Mikinui 's mother was granted permission to address the court and confirmed that her son needed supervision to help him maintain his treatment but Judge Ross said that he could not impose a sentence of supervision on the charge of disorderly behaviour before the court. Judge Ross noted that Mihinui had already served a community sentence and had written a letter of apology to the court. He was convicted arid discharged. Final warning George Ashford Pekamu, 29, unemployed of Ohakune, appeared for sentence on a charge of receiving a pair of jandals/scuffs valued at $35 (the property of Ohakune Shoes) after being convicted and remanded last month for a probation officer's report and sentencing. In imposing a fine of $150, court costs $95 Judge Ross reminded Pekamu of his long history of dishonesty and these charges and said this latest offence was very much in keeping with his dishonest nature and his previous offences in Which he took or accepted property without being prepared to work for or to pay for what he wanted. Pekamu was also told that, despite pleas of mitigation (including claims of illiteracy and the fact that he was no longer living in a destructi ve de-facto relationship) he was being given a "final warning" that if he was to appear before the court again on a dishonesty charge, he would be given a custodial sentence. Counsel: Eric Forster. Alcohol a factor Paul Grey Priday, 21, of Ohakune, handyman, pleaded guilty to a charge of aggravated nuisance in that he admitted to fighting with his brother in Pahiatua at 6pm on 12 November. He admitted that alcohol had been a factor. He was convicted and fined $250, court costs $95. Court learned that defendant's brother had also been fined $250 for the same offence in another court.