OHAKUNE DISTRICT COURT

Waimarino Bulletin, Volume 2, Issue 1, 5 June 1984, Page 12

OHAKUNE DISTRICT COURT

The following cases were heard by Judge E.W. Unwin in the Ohakune District Court on Thursday 24 May 1984.

★ ★ ★ Shane Gerald Brewer, 21, bushman of Raetihi, pleaded guilty to a charge that he stole a baby pushchair, a Sanyo car cassette stereo and a 25 watt booster, all valued at $300, from an unlocked car in Wanganui on 31 March. He was remanded until 21 June for a probationary report and sentencing, bail being set at $500. Brewer was not represented by legal counsel. ★ ★ ★ Sonny Kingi Smith, 30, storeman of Linden, Tawa, pleaded guilty to driving whilst being disqualified and was fined $200 with $20 court costs. Mr P.G. Brown, duty solicitor, said Smith and his wife had been to a funeral and met with difficult driving conditions on the Pipiriki Road homeward. Mrs Smith had not felt confident driving and had asked her husband to take over. Smith was stopped in a routine traffic inspection and it was found that he should not have been driving. ★ ★ ★ Thomas Mareikura, 25, senior plant operator of Ohakune, pleaded guilty to the charge that he had wilfully committed an act of aggravated cruelty, namely cruelly ill-treating a dog by breaking its back and throwing its head against the ground, which resulted in the death of the said animal. After hearing the police version of the events, Mr D.G. Harvey, asked for the matter to be stood down whilst he ascertained his client's description of the matter. Later the court heard from Mr Harvey, that Mareikura had heard a commotion outside his house and upon investigating, he found that his sister's dog had attacked a small child and in his opinion had injured the boy seriously. The dog was standing over the boy and there was blood seeping out into the boy's fair hair. Mareikura then lost his temper and decided the dog was obviously a vicious one and that it should be destroyed. It was his efforts to destroy the dog that led to his appearing in court as he unsuccessfully tried to break the dog's back. The dog's cries' of distress could be heard around the neighbourhood, shocking and upsetting nearby residents. The child sustained a torn lip and a tear.inside the ear, the father confirmed that the injuries looked worse than they in fact turned out to be. His Honour said that the matter was indeed a distressing one and that Mareikura was entitled to dispose of the dog although he was not actually the owner. He was not entitled to go about it as he had done and it was necessary to impose a satutory penalty. Mareikura was convicted and fined $350 with $20 court costs. ★ ★ ★ Dave Davey, 35, farmer of Taupo elected trial by jury on the charge that he did break and enter a building namely a woolshed,

with intent to commit a crime thefe?in. He , was remanded Qti bail on $500 until 12 Ju$ for the taking of depositions. Mr P.G. Brown appeared for the defendant. ★ ★ ★ David Johns, 37, owner of Dave Johns Bobcat Services, appeared on two charges that he was the owner of a motorvehicle on 19January 1 984 that was operating on a road, namely State Highway 49A, when the gross weight of that motor vehicle was more than the maximum gross weight specified in the distance licence for that vehicle and also that he did operate a licensed goods service vehicle on a road, namely State Highway 49A, when its load was in excess of the limitations fixed by the certificate of loading for that vehicle in force with respect thereto. In his submissions, Mr D.G. Harvey told the court that the day was a particularly wet one and that the load had become waterlogged. It is also difficult to weigh a load in this area as there are no facilities to do so. Mr Johns had also never previously been convicted before and that he stood to make no financial gain from carrying an overweight load as the price per cubic metre in this particular job, was a fixed one. In addition, a $700 infringement fee had already been paid. His Honour convicted Dave Johns Bobcat Services fining them $100 and $20 court costs on the two charges of exceeding a gross weight, and $50 court costs $20 on the exceeding load limitations charge. ★ ★ ★ Robert Williams, 34, shearer of Raetihi pleaded guilty to the charge that on 1 8 March 1 984 he did drive a motor vehicle on a road namely State Highway 49A while the proportion of alcohol in his breath as ascertained by an evidential breath test subsequently undergone by him, exceeded 500 microgrammes of alcohol per litre of breath in that the said proportion was 950 microgrammes of alcohol per litre of breath. Williams was unrepresented and was fined $400 with $20 court costs and was further disqualified from driving for eight months. ★ ★ ★ Trevor Condon, 25, shearer of Ohakune pleaded guilty to a charge that he did drive a motor vehicle on a road, namely the intersection of Duncan Street/ Seddon Street in Raetihi whilst the proportion of alcohol in his breath as ascertained by an evidential breath test subsequently undergone by him exceeded 500 microgrammes of alcohol per litre of breath in that the said proportion was 800 microgrammes. Condon was also unrepresented and was fined $375 with $20 court costs and also disqualified from driving for eight months. ★ ★ ★ David Zane Cadwallader, 2 1 , sheperd of Ohakune, was also unrepresented and pleaded guilty to two charges, firstly that he did drive a motor vehicle on 17 March on a road namely

State Highway Four while the proportion of alcohol in his breath as ascertained by an evidential breath test subsequently undergone by him exceeded 500 microgrammes of alcohol per litre of breath in that the said proportion was 700 microgrammes and that secondly he also drove a motor vehicle on a road whilst disqualified from holding or obtaining a licence authorising him to.drive that vehicle. His Honour called for a probation report and remanded Cadwallader on a bail of $500 until 1 8 June at Taihape court. ★ ★ ★ Lindsay Peter Brundell, 24, of Waikune Prison, represented by Mr P.G. Brown, pleaded guilty to two charges that he did have in his possession on the 7th of May 1984, a Class C controlled drug namely a cannabis plant and that also without reasonable excuse had in his possession a prescription drug, namely valium. Brundell was due for release from Waikune Prison in August of this year and had already lost two weeks from his remission. His Honour added thirty days further imprisonment on both charges to be added to Brundell's sentence.

The following appeared for sentencing: Puke Robert Baker, 24, unemployed painter of Waiouru, for attempting to escape custody was fined $150 and ordered to come up for sentencing within 12 months if called. For dangerous driving he was fined $130 with $20 court costs and disqualified from driving for twelve months and on a third charge of failing to stop, he was convicted and discharged. Baker was represented by Mr D.G. Harvey. ★ ★ ★ Keith William Hammond, 18, opossum trapper of Ohakune was fined $150 on two charges of recklessly discharging a firearm. He was released on probation for twelve months and had forfeited his airgun. Hammond was unrepresented. ★ ★ ★ Kevin Patrick Oliver, 57, insurance salesman of Taihape appeared for sentencing on three charges of forgery and two charges of intent to defraud. Oliver was represented by Mr M.H.W. Lance, and was ordered to come up for sentence if called within 12 months and was also ordered to pay $ 1 00 costs on each charge.

Mary

Anne Gill