OHAKUNE DISTRICT COURT

Waimarino Bulletin, Volume 2, Issue 13, 28 August 1984, Page 15

OHAKUNE DISTRICT COURT

The following cases were heard by Judge A. Satyanand in the Ohakune District Court on Thursday 23 August 1984. Phillip Hamley Ellery, 23, millworker of Ohakune, pleaded guilty to intentionally damaging one plate glass window, the property of Machinery Supplies Ltd. The court heard how Ellery, who had apparently been drinking all evening on 1 5 June this year, had kicked the window in, breaking it and sustained minor cuts to himself in the process. When first questioned.by the police, he denied any knowledge of the incident. However after the police gathered scientific evidence against him, he admitted that he had damaged the window, but that he could not recall why he had done it as he had been drunk. Restitution of $523,27 was granted by His Honour, Ellery was convicted and fined $150. ★ ★ ★ Samuel Colin Oxley, 18, sprout picker of Ohakune, pleaded guilty to a charge that he did have in his possession a Class C controlled drug, namely cannabis. After submissions from his counsel, Mr D.G. Harvey, the judge convicted Oxley, fining him $80. ★ ★ ★ Dean Ihaka Tunui, 17, garden worker of Ohakune, was charged that he unlawfully and without colour of right, but not so as to be guilty of theft, took for his own use, a 1 980 Vauxhall Chevette at Kawerau on 30 July this year. The case was stood down whilst duty solicitor, Mr D.G. Harvey, spoke to Tunui who upon reappearance, pleaded not guilty. He was remanded to appear in Ohakune District Court

on 20 September 1984 at which time it will be decided were the case should be heard and the date. Bail was set at $400. ★ Jr ★ William Peter Pikari, 22, bushman of Raetihi, pleaded guilty to stealing one Sanyo radio cassette, one ski jacket, two sheepskin car seat covers, one oilfilter, one bottle of whiskey and three hats to the value of $1,071 but not guilty to a charge of stealing a jacket valued at $70. ★ ★ ★ Francis Bristol, 22, of Raetihi, pleaded not guilty to both the above charges. The defendants, who were represented by Mr D.G. Harvey, were remanded until 1 8 October on a bail of $750 each. ★ ★ ★ Phillip Gerry Hiroti, 24, shearer of Raetihi, pleaded guilty to five charges of trespassing at the Raetihi Hotel in July and August of this year after he had been served with an order banning him from the hotel . for two years from 25 July 1984. His Honour called for a probation report from Probation Officer, Mr Ellis of Taihape, after he had heard from police that this is the second time in twelve months that Hiroti had appeared on trespassing charges related to the Raetihi Hotel. Hiroti questioned the legality of the ban. The case was remanded until 20 September 1984 with a bail of $500 being set. Police sought that a condition of that bail should be that Hiroti does not enter the Raetihi Hotel until then. The judge declined this as he said that the law at present states that such conditions can not be applied to adult

persons. However, he added that legislation in Parliament currently, could see this changed. ★ ★ ★ Vicki Whakaara Kawana, 37, machinist of Wanganui, pleaded guilty by letter to a charge of carelessly using a motorcar. On Monday 4 June 1984, Mrs Kawana was driving to Wanganui, when she was momentarily distracted by her dog jumping on her lap. She subsequently braked and, as the road was slippery, she slid onto the wrong side of the road and was also on a blind corner. Very little damage was caused. She was ordered to take a defensive driving course and was fined $75. ★ ★ ★ Robert Haitana, a shearer from Raetihi, was convicted for failing to produce a current licence whilst fishing for trout in the Manganui-a-Te-Ao river. The court heard that Haitana was observed on 3 March this year by David James Johnson, a fisheries officer based in Raetihi. Mr Johnson asked Haitana to produce a licence within 7 days but this he did not do. His Honour convicted and fined Haitana $75. Mr Kirkby appeared for the Wildlife Service. ★ ★ ★ Jack Pine, 50, labourer, from Kakahi, was also convicted and fined $75 on the same charge. He had been fishing for trout on 29 February this year in the Wanganui River. Mr Kirkby again appeared for the Wildlife Service. ★ ★ ★ John Heme Pikari, 31, labourer of Ohakune, was remanded until 1 3 December this year on bail of $500, on a charge that he defrauded the Maori Trustees by falsely using a BNZ cheque. MrD.G. Harvey appearing for the defendant, said in his submissions that when he first heard the charges in this case, he thought that it was a case of sophisticated fraud, but upon talking to Pikari, realised that it was not the case. The defendant had asked the Maori Trust for aloan of approximately $500 earlier this year in order to purchase new clothing for himself. His application was turned down. He subsequently received a cheque for $58.30 from the trust for his share in Maori land. He then added the figure six to the cheque and tried to cash it at the BNZ in Ohakune. They refused to do so. He then gave it to a friend to bank in Raetihi, who did so, giving the cash to Pikari. Restitution of $600 was sought and granted to the Maori Trustees. Pikari is to pay $100 per fortnight until the money is repaid and will be sentenced once restitution has been paid. ★ ★ ★ Carl Leslie Anderson, 26, unemployed of Wanganui, was convicted of stealing two assorted bags of carrots - and parsnips valued at $6. In submission, Mr D.G. Harvey,

said that Anderson now regretted this action. He now felt that he had been foolish in not honouring the honesty box system that was being operated. Anderson was ordered to return the property and was convicted and fined $125. ★ ★ ★ William Matene, 23, unemployed of Raetihi, was charged that he did carelessly use a motor vehicle that did not have a Warrant of Fitness and that he also did not have a licence. He was also charged with stealing two bags of vegetables valued at $9. As he did not appear in court, a warrant was issued for his arrest. During the adjournment, the Masterton Police phoned to say that Matene was with them and had pleaded guilty to all the charges. He had been unsure whether he was due in court on that day. He was convicted and ordered to appear in Masterton District Court on 11 September 1984 for sentencing. ★ ★ ★ Johannes Phillippas Van Gellekom, 73, retired of Wanganui, pleaded guilty to a charge of carelessly using a motor vehicle. He had been driving near Kakatahi when he and another vehicle stopped whilst sheep were cleared from the road. Upon restarting, he decided to pass the other car and whiljjt doing so, collided with an oncoming vehicle. No-one was injured although both cars were badly damaged. He was convicted and fined $75.

David Herewini, 30, plant operator of Raetihi, pleaded not guilty to a charge of dangerous driving. He was remanded at large until 15 November at which time he will appear in the Ohakune District Court. Herewini was represented by Mr D.G. Harvey. ★ ★ ★ Larsen & Goile, contractors of Raetihi, were fined $80 for exceeeding the gross weight in one of their vehicles on 21 May, this year. In his submissions, Mr D.G. Harvey, said that this was the first conviction for his clients and, as they had been operating since 1977, felt that this was indeed an exemplary record. As the weather locally around this time had been wet, his clients had applied for a licence whereby they could carry 20 tonne of metal as the metal would be heavier due to its wetness. They exceeded this by 1 ,420 kilogrammes. Cont'd on back page