OHAKUNE DISTRICT COURT

Waimarino Bulletin, Volume 2, Issue 25, 20 November 1984, Page 6

OHAKUNE DISTRICT COURT

The following cases were heard by Judge E.W. Unwin in the Ohakune District Court on Thursday 15 November. Francis Bristol, 22, driver of Ohakune, appeared for sentencing on two charges of theft. A probation report said that Bristol's achille's heel was alcohol and recommended that he seek treatment for such abuse. The judge agreed to this. He was fined $200 with $20 court costs, ordered to pay $50 compensation plus $20 for witness expenses. On a second charge of theft he was fined $20 court costs. ★ ★ ★ Regan Alfred Kahukaka, 17, labourer of Ohakune, pleaded guilty to unlawfully interfering.with a 1955 Ford Cortina which was parked at Reynolds Motors, Ohakune, on 3 November 1984. The defendant took a siphon and petrol can out of his car and started siphoning petrol from the Cortina. Mr P.G. Brown told the court that his client's parents had come from Waverley to support their son in this case and that as this was a first offence some leniency ' be applied. Kahukaka regularly travels home to visit his family and a minimum disqualification should be considered. His Honour convicted and fined the defendant $75 as well as disqualifying him from driving for 30 days. He was ordered to come up for sentencing within twelve months if required. ★ * * Ashley Darrin Webb, 18, unemployed of Raetihi, pleaded guilty to breaking

and entering a house in Raetihi with intent to commit a crime therein. Of the $1,860 property taken, $320 of it has been recovered. A further $50 is sought by the police for damage caused. Webb, represented by Mr P.G. Brown, was convicted and remanded until 13 December on a $500 bail, pending a probation report. ★ ★ ★ William Noel Trigg; 25, a lift operator from Ohakune, pleaded not guilty to stealing one bottle of wine valued at $13 from Queenstown on 10 September 1984. Police applied for the case to be transferred to Queenstown which his Honour agreed to, releasing Trigg on bail of $300. As the defendant is flying to AuStralia shortly, Judge Unwin ordered that the case be heard on or about May 1985. ★ ★ ★ Trevor Murdoch Henara, 18, forestry labourer of Ohakune, had a charge of breaking a window at the Mountain View Motel withdrawn by the police as he has now paid compensation and done community work. ★ ★ ★ William Matene, 24, sickness beneficiary formerly of Raetihi now Masterton, appeared on three charges that he did carelessly use a motor vehicle, drove without a licence and stole two bags of vegetables valued at $9. Through his counsel, Mr P.G. Brown, the defendant pleaded guilty. He was ordered to do a total of 40 hours community work and was disqualified from driving for thirty days. ★ ★ ★ Maria Vicky Condon, 3 1 , housewife of Raetihi, was remanded until 1 3 December on a bail of $400 and surety of $400. The court heard that Mrs Condon on or about 23 April 1983, failed to advise the Social Welfare Department that she had married and thus misled an officer for the purpose of continuing to receive for herself the Domestic Purposes Benefit under the Social Welfare Act. She also appeared on a charge of breaching her probation. Mr D.G. Harvey asked that Mrs Condon be remanded until 1 3 December in order that he could ascertain all the facts himself from the Social Welfare Department. ★ ★ ★ Gregory Grant Cassidy, 20, student of Palmerston

North, was remanded at large until 13 December to await further instructions from his Hastings solicitor who has asked Mr D.G. Harvey to act for his client. ★ ★ ★ Adolfe Smolnicki, 63, fitter/ turner of Petone, had a charge of causing bodily injury to his wife by carelessly using a motor vehicle changed to one of careless use of a motor vehicle. The case was adjourned Until 13 December without plea. Smolnicki was represented by Mr D.G. Harvey. ★ ★ ★ William Wiriana Te Huia, 26, forestry worker of Ohakune, pleaded guilty to driving on SH49 with 700 microgrammes of alcohol per litre of breath, more than the legal limit allowed. Te Huia was fined $325 with $20 court costs and disqualified from driving for 6 months. Mr P.G. Brown appeared for the defendant. ★ ★ ★ Selwyn Herewini, 34, of Ohakune was convicted and fined $20 with $20 court costs for having a vehicle without an annual licence. ★ ★ ★ David Michael Kinnaird, 28, prison officer from Waikune Prison appeared on two charges related to an incident in Upper Hutt on 3 1 July when it was discovered that his blood level was 131 milligrammes of alcohol per 100 millilitres of blood. He was also charged with driving in a dangerous manner. He pleaded guilty to both charges. In his submissions, Mr P.G. Brown produced letters from Kinnaird's employers which stated that he was a good and honest worker. Judge Unwin told the defendant that he was aware of the pressure his job placed him under and was mindful of this when he fined him $300 with $20 court costs along with $44.75 medical fees and $32 analyst's fee and a six month disqualification on the charge of drinking and driving. He was fined $100 with $20 court costs on the dangerous driving charge. ★ ★ ★ Alan Michael MacCartney, 35, teacher and Michael Anthony Eden, 29, engineer, both from Wanganui, were convicted and fined for failing to produce a current licence to fish for acclimatised fish and for taking trout

from the Manganui-a-Te-Ao River in the closed seasom Eden was also convicted of obstructing the officer in his duties. In a letter to the court, the two defendants stated that it had been an honest mistake as they both possessed licences for the Wanganui Acclimitisation District unaware that the section of river at which they were discovered was part of the Rotorua District. Their licence showed that they were not in fact fishing in the closed season for trout. Eden added that at no time did he think he obstructed the officer as he had just bought a new rod and when asked to surrender it he decided not to do so. At no time did the officer stress that he could be charged for not producing the rod. His Honour sympathised with both defendants, who pleaded guilty but with mitigation, stating that it must be confusing for fishermen in this area to know under which District they were fishing. He fined them $30 with $20 court costs on each charge. Eden was further fined $20 on the obstruction charge. ★ ★ ★ David Herewini, 30, plant operator of Raetihi, was convicted and fined $200 with $20 court costs and disqualified for 30 days on a charge of carelessly using a motor vehicle. Pleading guilty, Herewini, through his counsel, Mr D.G. Harvey, told the court that he was unaware that the police had been following him because at no time did they flash their lights. He admitted to driving at excess speed on Ohakune-Raetihi Road and to travelling through a Stop sign but denied trying to get away from the police. ★ ★ ★ Kevin Carriers Ltd, cartage contractors of New Plymouth, pleaded guilty through thier counsel Mr D.G. Harvey, to three charges of driving a vehicle when the distance licence was not displayed. They were fined $ 1 50 with $20 court costs on each of two charges and $250 with $20 court costs on the last charge. ★ ★ ★ Colin Barry Phillips, 29, forestry worker of Raetihi, was remanded until 25 January 1985 after Mr D.G. Harvey told His Honour that the re-hearing had been called due to the discovery of new evidence.

In a defended hearing, Denise Crihb, 17, unemployed of Raetihi appeared on a charge of stealing a pair of Homestead Brand woollen boots valued at $74 from the Sheepskin Shop in Ohakune. She pleaded guilty to a second charge of entering Dalgety Crown, Raetihi on the evening of 22 September 1984. The court heard how Miss Cribb had thrown a Coca Cola bottle through the window of the Raetihi store taking a sewing machine, crystal decanter, spoon set and salad dish to the value of $1,299.95. Restitution of $434.50 for the broken window was sought by the police. Represented by Mr D.G. Harvey, Miss Cribb pleaded not guilty to the first charge. The police called three witnesses, the first Mrs Sara Vanessa Hamlin told the court that she was serving in the Sheepskin Shop on 8 June 1984 when the defendant entered the shop with three other women. While Miss Cribb talked with Mrs Hamlin, her friends waited in the background. When she went out to the stockroom to get another pair of boots for the defendant to look at, two of i the women took a boot each. As Mrs Hamlin came out from the stockroom, she saw one of the girls disappearing out the door. Mrs Mary Roberts Wright, part-owner of the Sheepskin Shop told the court that she discovered that the boots had been taken later that same day and after discussing the matter with Mrs Hamlin, realised that it must have been Miss Cribb and her associates who took the boots as the shop had seen very little business that day. Constable Brian Wilson said that he interviewed Miss Cribb on 2 July 1984 at which time she said "It wasn't me that took them, it was my friends. I kept the lady talking while they took them. Tania wanted them. We went and and I talked to the lady, I knew they were going to do it, I only helped because they were my friends. They were from Wanganui. I don't know where the boots are, they could be ruined now." She refused to name the girls in question. Sergeant Brett Jones from Taihape concluded the case for the prosecution.

Mr Harvey called Denise Cribb to the stand and questioned her about the day in question. She told the court that she had not realised until she was in the shop what her friends planned to do but that once she knew, she helped them by keeping the lady talking. She had never seen the boots since that day. Judge Unwin convicted her of being a party to the theft of the boots. Police sought $78 for witnesses expenses and $74 for restitution of the boots. Denise Cribb was remanded until 13 December for a probation report and sentencing on the two charges. She was remanded on bail for $500 and a surety of $500 and was also placed on curfew between 9pm and 7am and is to live with a Matua Whangai officer until sentencing. ★ ★ ★ George Maxwell Moses Tamatea, 21, prison inmate of Linton, represented by Mr D.G. Harvey, Barney George Henare, 18, mill hand of Ohakune and Sonny Pikari, 21, casual worker of Ohakune, both unrepresented pleaded not guilty to a charge of assaulting self-employed plumber Robert Frank Hitchcock at the Rangataua Hall on 25 August 1984. Hitchcock told the court that he was on the door at the Rangataua Hall on the night in question and noticed around about midnight that a series of fights was taking place within the hall. He spoke to Barney Henare who he said was fighting and asked him to stop. Henare would not do so. He then approached Tamatea, grabbed him around the waist and pulled him away. Hitchcock said he was then 'set upon' by the three defendants and others who he was unable to identify. He was punched for a total of five minutes receiving a cut to the knee and bruising to the face and mouth. He also stated that Tamatea yelled at him "IH get you you b , IH kill you when I get out of jail." He then repeated the statement. He added that while he was held by Sonny Pikari, George Tamatea gave him a severe blow to the head.

Upon cross examination by Mr Harvey, he stated that he could not be sure it was Tamatea. Michael Paul Beckett, wood-turner of Rangataua, told the court that he saw Barney Henare and Sonny Pikari punch Robert Hitchcock and that he also saw George Tamatea lift a chair above his head whilst yelling. Peter Desmond Fitzgerald, unemployed of Rangataua, said he arrived at the dance at 7.30 with Michael Paul Beckett and was about to leave when the fighting took place. He saw Hitchcock punched by the two defendants, Barney Henare and Sonny Pikari and also saw Tamatea lift the chair above his head. Mr Harvey then appealed to His Honour that his client, George Tamatea did not have a case to answer and that the charge be dropped. Judge Unwin declined but agreed to reduce the assault charge for it to be heard under the Summary Proceedings Act rather than the Crimes Act. Tamatea elected not to give evidence. Pikari and Henare both gave evidence on their own behalf.All three were convicted and fined $200 with $20 court costs plus $13 for witness expenses. Half the fines were to be paid to the complainant. The Raetihi Borough Council appeared on a charge that they failed to supply particulars to the Department of Statistics as laid out in the Questionnaire S 43(1) Statistics Act 1975. Mr P.G. Brown appeared for the Department and Mr D.G. Harvey for the Raetihi Borough Council, who pleaded guilty to the charge. The court heard that the Raetihi Borough were asked to file their annual questionnaire by 30 June 1983. As nothing was received by that date, the Department sent reminders on 2 August and 4 October 1983. The Council were told on 15 February 1984 that if no return was received by 7 March 1984, the Council would be prosecuted. Mrs Hope Vaughan, Town Clerk, was called

upon by counsel to give evidence on behalf of the Council. She tbld the court that she was appointed Acting Town Clerk on 11 September 1982 at which time she discovered that the finances were in a 'mess'. She produced a balance sheet to the court that she . had inherited finances that were in a muddle. She did not want to put her name to a document that was incomplete or wrong and so she called in the Audit Department to assist in filing the return. Due to their pressure of work, Mrs Vaughan was unable to complete the return until 23 July 1984. Mr D.G. Harvey requested that the Borough be discharged under Section 42 of the Department of Statistics Act. He added that Mrs Vaughan was a very competent local body officer and had been able to greatly improve the administration at Raetihi since her appointment. Judge Unwin agreed that the Borough Council had encountered administration problems which made it difficult to file a return immediately. He told the court that, "if that's the only error it (the Council) had made then it's not doing too badly." He convicted and fined the Council $50 with $20 court costs and solicitor's fees of $50.