Jail for repeated disqualified driving

Ruapehu Bulletin, Volume 14, Issue 687, 20 May 1997, Page 6

Jail for repeated disqualified driving

The following cases were heard by Judge Barry Lovegrove in the Ohakune District Court' last Wednesday. Senior sergeant Ross Bielby of Ohakune appeared for the police prosecution. Kevin Thomas Hall, 38, unemployed shed hand of Raetihi, pleaded guilty to a charge of driving while disqualified on the Ohakune/Raetihi Road towards Ohakune at 1 1 .55 am on 1 1 April. He was observed by a police patrol travelling in the opposite direction. Recognising Hall as a disqualified driver, the police turned around and followed him until he was stopped at Makaranui. Through his counsel, Paul Brown, the court - heard how his client had been desperate for money and was heading towards the mill at Karioi where he had previously been employed (before being made redundant) and where he had heard there were prospects of re-employment. Judge Lovegrove commended Hall for trying to get a job but, being a disqualified driver who had appeared in the Ohakune Court two months earlier on a charge of driving while disqualified and being given a six month suspended sentertce, suggested that Hall should have found some other way of applying for work. Hall had been indefinitely disqualified from driving since 1987. Given that fact, together with two similar offences in Febraary and April of this year, Judge Lovegrove said that there was no alternative but activating the suspended sentence imposed in Febraary. However, since Hall had satisfactorily completed a sentence of community service on the earlier charge, the period of six months would be reduced to three months. On the charge related specifically to the 1 1 April offence Hall was sentenced to another two months in prison. Hall was further disqualified for 12 months after which the indefinite disqualification would take effect. "This was no joy-ride" Aaron James Kairimu, 1 8, mill hand of Raetihi, pleaded guilty to a charge of careless use of a motor vehicle causing injury while under the influence of a drag or drink and to disorderly behaviour. The court heard that Kairimu had borrowed a car from a friend after drinking with him and other friends for several hours in order to take his female

cousin for a joy-ride. He drove up SH4 towards National Park for a short distance before turning back towards Raetihi at a speed well in excess of 100 km/h. Out the outskirts of Raetihi he lost control of the vehicle which hit a bank, rolled over, became airborne before striking the ground again and rolled sideways several more times over a total distance of 69 metres. The car was a write-off. Both Kairimu and his passenger received only minor injuries and were taken to the Waimarino Health Centre in Raetihi where Kairimu was confronted by the owner of the vehicle and other associates. An "ugly incident" then ensued which caused hospital staff to take refuge behind locked doors until police arrived. After his arrest Kairimu was taken to Wanganui where a blood test was conducted. This test revealed a level of 90:100 but, as there had been a delay of five hours before the test was taken, the actual level at the time of onset was estimated to have been between 146:100 and 196:100. However, because of this procedural delay, no charge of driving with excess blood alcohol could be brought against Kairimu. Counsel Paul Brown said that his client admitted that his decision to drive after drinking was unacceptable but such behaviour was totally out of character and was prompted by a sustained period of drinking on this occasion. Before handing down a sentence of 200 hours community service and a 1 5-month period of disqualification, Judge Lovegrove told Kairimu: "this was no joy-ride and, if the injuries to your passenger had been more profound, you would have gone to jail today". Bail by "a hair's breadth" T ony Allan Ellis, 26, unemployed of Palmerston North, faced one charge of entering onto an Ohakune property while a protection order was in force and to three charges of sending correspondence to that address without the consent of the person who had taken out the protection order. Duty solicitor Paul Brown sought bail for Ellis who had been in custody since 8 May when these offences occurred but, when this was opposed initially by police, said that Ellis was prepared to

accept very rigorous bail conditions in order to return to Palmerston North to consult his own solicitor before his next court appearance. When these bail conditions (which included a curfew at a specified Palmerston North address, a daily reporting clause, an assurance he would not contact the complainant in any way and an order not to leave the city of Palmerston North) he was remanded on bail to appear in the Palmerston North District Court on 21 May. Judge Lovegrove told Ellis that bail had been granted by "a hair's breadth". Clocked at 1 52 km/h Mark Terry Davidson, 35, driver of Ohakune, pleaded guilty to driving with an excess breath alcohol level of 464: 1 and driving at a speed in excess of 1 OOkm/h on SH49 between Waiouru and Ohakune on 10 May. The court heard how Davidson had realised he had been clocked at 1 52 km/h by police radar when he saw the police vehicle travelling towards him from the opposite direction. He pulled to the side of the road and stopped to await the arrival of the police driver. On the drink driving charge he was convicted and fined $350, court costs $95 and disqualified for seven months. On the charge of speeding he was convicted and fined $300, court costs $95. Playing Russian roulette Karleen Janet Gillespie, 27, of Taumarunui, was jailed for six months when she appeared for sentence on a charge of driving while disqualified on SH4 on 1 3 Febraary as well as a charge of driving with an excess breath alcohol level of 976: 1 . The court heard that Gillespie had had four previous convictions for drink-driving and three previous convictions for driving while disqualified over the past year. She had already been given a final warning and a suspended sentence of imprisonment on these charges. Judge Lovegrove told Gillespie she had been playing Russian roulette except that the gun was pointing at someone else by putting the public and other drivers at risk.

"You must grapple with your alcohol problem but not at the expense of public safety and you have now ran out of chances". He told Gillespie that he had no alternative to imposing the suspended sentence but reducing it from six month to three months to which would be added a cumulative sentence of three months imprisonment on the current charges making a total of six months plus 12 months supervision. She was also disqualified for a further 12 months. Counsel: Richard Cohen of Taumarunui. Three times over the limit Donna Patricia Shaw, also known as Freeman, 40, beneficiary of Taumarunui, appeared for sentence on one charge of driving on SH4 on 10 January with an excess breath alcohol level of 1227:1, one charge of careless use of a motor vehicle (she crashed into the rear of a car in front of her causing $1595 damage), and to one charge of theft at Cambridge of two hand-painted antique plates valued at $500 on 19 March. Judge Lovegrove told Shaw that despite the high level of breath alcohol and her fifth conviction for drink driving "you will not be going to prison today because the rate of offending during the 1 990' s has been slowing down and there was some chance of salvation". "However, this is your last chance of retaining your liberty as public safety must been of paramount importance". On the excess breath alcohol and theft charges she was handed down a 9-month sentence of periodic detention, disqualified indefinitely and given a 'final warning' together with a 9-month period of supervision. On the careless driving charge she was ordered to make reparation of $1592 at the rate of $10 per week. Counsel: Richard Cohen of Taumarunui Full report called for Colin William Foster, 44, market gardener of Ohakune, pleaded guilty to one charge of cultivating cannabis and four charges of unlawful possession of firearms (pistols and revolvers) details of TURN TO PAGE 16

OHAKUNE DISTRICT COURT

FROM PAGE 6 which were reported in last month ' s Bulletin when Foster was remanded without plea. Eight cannabis plants "3 ft tall" had been found growing at Foster's address during a seareh on 17 January which also revealed the four hand guns, one of which was loaded. The court heard that none of the hand guns had been safely secured in accordance with firearms legislation and that Foster did not hold a Class B firearms licence. Judge Lovegrove expressed concern about the association between possession of cannabis and firearms and this required a full report before sentence was imposed. Foster was remanded to appear for a full probation officer's report and sentence to 19 June. Counsel: Wayne Heedegen. Appeared for sentence Brian TeHore, 18, sickness beneficiary of Ohakune, appeared for sentence on a charge of receiving. The case had been transferred to the Ohakune District Court from the Gisborne District Court after TeHore had pleaded guilty to the offence which had been committed in Napier on 10 March. TeHore had attempted to sell a mountain bike (said to have been given to him

by a 14-year old associate) to a second-hand dealer in Napier but ran off with the bike when the dealer tried to identify the bike by its serial number. TeHore was sentenced to 50 hours community service and ordered to make reparation of $70 for damage to the bike while it was in his possession. Counsel: Paul Brown Nearly twice the limit TrevorPeter Condon, 36, shearing contractor of Raetihi, was convicted and fined $800, court costs $95 for driving with an excess breath alcohol level of 76 1 :1 on the Ohakune/Raetihi Road at 10.45 pm on 11 April. He was also disqualified for eight months. In reply to his counsel' s request for the Court to consider the financial effects of a disqualification on his business as a shearing contractor, Judge Lovegrove told Condon, "If you value your licence you will make sure you don't drink and drive". Counsel: Wayne Heedegen Other things in life Leo Oliver Allen, 51, sickness beneficiary of Kimbolton, pleaded guilty to a charge of possession of cannabis leaf on the evening on 22 April. Court heard how Allen had been apprehended after being found in a parked car in Clyde Street, Ohakune. The vehicle had smelt strongly of cannabis and a search revealed a bag

containing enough cannabis leaf for about five cigarettes. "Surely you must be getting a bit too old for thi s sort of thing ... there must be other things in your life which can be perceived to gi ve you a buzz at your age" , said Judge Lovegrove as he convicted and fined Allen, $150, court costs $95. Bear-hug and headlock before punch Carlos Pukeroa Robson, 19, market gardener of Raetihi and now living in Auckland with his parents, pleaded guilty to a charge of 'male assaults female'. The court heard how, following an argument with his then female partner on 24 February, Robson had applied a bear-hug and head-lock while punching his victim. Judge Lovegrove called for a probation officer's report and sentence and remanded Robson to appear in the Auckland District Court on 18 June. Male assaults female Jean Pierre Haitana, 25, forestry worker of Wanganui, pleaded guilty to a charge of assaulting his estranged partner on 20 March. The victim had suffered multiple bruising as a result of being punched and kicked over a period of about 30 minutes before she managed to lock herself in the toilet and escape to a

neighbour through the window. Defence counsel Paul Brown agreed that the assault involved serious violence but wished to reserve his submissions to court until a probation report had been prepared. Haitana was granted bail until his next appearance in the Ohakune District Court on 19 June but was told that this granting of bail should not be seen as an indication that the possibility of a custodial sentence would be ruled out when he next appeared. Counsel: Paul Brown. Warrants for arrests Warrants for arrest were issued against Hamiora Kirena, 30, unemployed of Gisborne and James Edward Boy Keeland, 37, unemployed of Ruatoria after they failed to appear on charges of breaking and entering a dwelling on SH4 on 27 April and stealing a Portashear valued at $ 1 500 from a Horopito property on the same date. A warrant for arrest was also to have been issued against Adrian Michael Brown, 20, of Wanganui for failing to provide name and address but when it was pointed out that the summons called for him to appear in the Taihape District Court (under which the Ohakune District Court is administered) on Monday 12 May (two days before the Ohakune District Court sitting), Judge Lovegrove declined to issue an arrest warrant saying: "Who knows? - Mr Brown may have been lurking around the Ohakune Courthouse doors waiting round all day to get in Monday."