OHAKUNE DISTRICT COURT

Ruapehu Bulletin, Volume 14, Issue 671, 28 January 1997, Page 14

OHAKUNE DISTRICT COURT

The following cases were heard by Judge Barry Lovegrove in the Ohakune District Court last Friday. Sergeant Craig Hawkins of Taumarunui appeared for the police prosecution. Bail opposed Riki Martin Surton, 37, shearer of Wanganui, appeared on a total ofseven charges with others pending. They included: breaking and entering a dwelling house in south Makirikiri between 24 and 29 December; receiving a Pioneer stereo valued at $1000 on 29 December; stealing a car trailer valued at $700 on 29 December; breaking and entering a dwelling house in Miro Street, Ohakune, on 2 January, another charge of receiving and two charges of driving while disqualified. He was to have been represented by a Wanganui solicitor before entering pleas to the above charges but Court heard that this solicitor was already appearing for another client in the Wanganui District Court last Friday. When acting counsel Paul Brown applied for bail before Surton' s next appearance expected to be in the Ohakune District Court on 13 February, Police opposed bail on the grounds of the number of offences some of which had been committed after defendant had failed to appear for sentence in the Wanganui District Court last month. Judge Lovegrove agreed with Police that the local community was entitled to be protected from possible further criminal activities by the defendant before his next appearance. However, Judge Lovegrove did say that, given the presumption of innocence, it would be unreasonable to remand Surton in custody until 13 February. Instead he remanded Surton in custody until the nearest District Court hearing date in Wanganui that being on 5 February where defendant would be represented by his Wanganui solicitor. "Totally out of character" Jason Bright, 1 7, apprentice mechanic of Raetihi, pleaded guilty to a total of four charges related to the theft of vehicles valued variously at between $500-$9000. Court heard ho w car theft had become a serious problem in Wanganui (where Bright had been attending a course) with 225 cars being stolen between July 1995 and January 1996. However, the offences with which Bright had been charged occurred between May and June last year. This point was made by defence counsel Mr Paul Brown who said that his client had got mixed up with the car theft ring but was not one of the main offenders. He told the Court that as many as 10 others were thought to be involved but with only five successfully prosecuted so far the matter of reparation (in which all offenders share the cost of reparation equally) would affect his client' s contribution towards that reparation. Not knowing if the others would be charged would "complicate" the claim for reparation. The four vehicles which were involved in Bright' s offending included a Mazda Familia valued at $9000, a Ford Escort valued at $4000, a Toyota Starlet valued at $1000 and a Mazda RX7. All had been driven to the Harakeke Forest where they had been stripped of body parts and panels. Mr Brown said that his young client had got in with the wrong cro wd whi le away from parental influence in Wanganui and had been drawn into the whirlwind of offending that was occurring among his peer group. It was he said "totally out of character". Bright had not benefitted in any way either financially or in car parts, from this criminal activity, said Mr Brown. He assured the Court that his client was deeply remorseful and wished to acknowledge his responsibility and atone for his offending by making an immediate payment of $2500 from his savings towards the total $5874 reparation claimed and would pay the balance off at $70 per week. Judge Lovegrove said it made hiqi very sad to "see you in Court today given your background and very impressive references". He told Bright that "you have been rather rudely intro-

duced at the age of 1 7 to the real world by being drawn into this vortex of criminal behaviour by your peers ... it has been a disastrous leap into independence away from your family in Raetihi." However, Bright was commended for having the courage to turn his back on the peer group he had become involved with. He was eonvicted and ordered to make reparation of $5874 to State Insurance with an initial payment of $2500 followed by weekly payments of $70 per week. "Must have losl count" Ivan Christopher Hall, 37, unemployed of Raetihi, was to have appeared on two charges but when police reported they had been unable to get prosecution witnesses into Court to testify on a 'male assaults female charge' ("they were reluctant to appear") that charge was withdrawn and only the remaining charge of driving with excess blood alcohol was proceeded with. Court heard that despite defendant claiming he had consumed only three glasses of beer his excess blood alcohol level was 1241:1. Judge Lovegrove suggested Hall must have lost count after the third beer. In convicting and fining defendant $1200, court costs $95 and disqualifying him from driving for 15 months, Judge Lovegrove noted that Hall's only previous drinkdriving conviction had been 18 years earlier. Counsel: Paul Brown. Remanded without plea Craig Richard Taura, 23, fencing contractor of Raetihi, was remanded without plea to 13 February on a charge of assaulting Police constable Matthew Charles Frost with intent to obstruct him in the execution of his duty on 25 December. The reason for the remand was to allo w the charge to be heard together with a similar charge involving a cooffender who is due to appear next month. Counsel: Paul Brown. Remanded for pre-trial conference George Lee Hemara, 37, unemployed of Ohakune, appeared on a number of charges including: male assaults female; possession of a sawn-off shotgun; and two charges of receiving involving a television, a radio cassette player, a blanket and two radio alarm docks from a person or persons unknown. He pleaded not guilty to all charges and, because of the seriousness of the offences, he was remanded and ordered to report at the Ohakune District Court af 9.30am on 13 December for a pre-trial conference before the defended hearing comes to Court later that morning. Counsel: Eric Forster. Remand for legal aid Marion Donna Matenga, 19, shearer of Raetihi, was remanded without plea of a charge of intentionally obstructing a police constable, Matthew Charles Frost, in the execution of his duty on 25 December. The purpose of the remand was to allow defendant to apply for legal aid before the charge is heard on 13 December. Not guilty pleas James Creedmore, 56, farmer of Raetihi, pleaded not guilty to charges of possession of cannabis oil, cannabis leaf and driving in a dangerous manner. He was remanded for a defended hearing on 10 April. He was represented by a solicitor from Auckland. "Bigheaded idiot" Alistair Fredericksen, 17, klwi-fruit picker of Te Puke, pleaded guilty to a charge of driving with an excess blood alcohol level of 65 1 : 1 on 14 November. Court heard how

defendant, who holds only a restricted licence, admitted he was a "bigheaded idiot" when stopped by police after he was seen doing wheel spins in Duncan Street, Raetihi, at 10.20pm that night. Judge Lovegrove agreed with defendant' s self analysis and fined him $650, court costs $95 and imposed a disqualification period of six months. Parked erratically Julian Alexander Patrick Taylor, 29, gardener of Ohakune, was represented by legal counsel from Wellington when he pleaded guilty to a charge of driving with an excess blood alcohol level of 492:1 on 21 September. Court heard how defendant had been observed by a police patrol to park his vehicle erratically at 12.30am in Rimu Street, Ohakune. He was eonvicted and fined $400, court costs $95, and disqualified from driving for six months. Stole sheep Douglas Eric Finn, 56, contractor of Wanganui, pleaded guilty to a charge of stealing two five- year old sheep worth $ 1 50 while returning from an unsuccessful hunting trip on 23 January. Court heard how defendant and friends had come across a small mob of sheep on the Wangaehu Valley Road at 1 about 8.30pm. Two of the ewes had been caught, their legs i tied and placed in the back of the truck. Defendant admitted it was a foolish thing to do and assured the Court it would not happen again. The sheep have since been recovered by police and returned to the owner. He was eonvicted and fined $150, court costs $95. Counsel: Eric Forster. Claim to be checked Shane Wayne Christensen, 23, unemployed of Raetihi, pleaded guilty to driving while disqualified in Duncan Street, Raetihi, on 23 January. Through counsel Court was asked to consider the effects that a driving disqtialification would have on defendant' s partner who has recently been incapacitated by a serious accident. He was eonvicted and remanded to appear on 1 3 February for a pre-sentence report which would seek to establish the circumstances and nature of his partner' s injuries and degree of incapacity. Counsel: Eric Forster. Change of plea Keith Ellery, 33 labourer of Ohakune, had pleaded not guilty when he appeared in Court last month on a charge of male assaults female but changed his plea to guilty last Friday. Court heard how Ellery had been at home with his girlfriend at 2.30am on 1 3 October when a fight broke out. The victim had been punched several times before falling to the ground from where she had been pulled up by her hair and had her head slammed into the piano. She suffered injuries to her scalp and sustained a black eye and bleeding nose. Ellery was eonvicted and remanded for a probation officers report and sentenee on 1 3 February. Counsel: Patil Brown.

Review of sentenee Kelvin Patrick Edmonds, 25, shearer of Raetihi, appeared for a review of sentenee following a charge of male assaults female. The original sentenee was one of supervision but this was replaced last Friday by a fine of $250, and court costs of $95 which is to be paid at the rate of $30 per week.