OHAKUNE DISTRICT COURT

Waimarino Bulletin, Volume 2, Issue 29, 18 December 1984, Page 24

OHAKUNE DISTRICT COURT

The following cases were heard by Judge E.W. Unwin in the Ohakune District Court on Thursday 13 December 1984. Ashley Darrin Webb, 18, unemployed of Raetihi, was sentenced to corrective training on twocharges, one * of committing an act of aggravated cruelty to a pig and a second one of breaking and entering a building at Raetihi taking a total of $2,000 worth of effects. Both offences occurred on 29 September 1984. Counsel, Mr P.G. Brown, told His Honour that his client needs some direction, something to work for. He added that his client had killed one pig and hurt another one sufficiently to see it destroyed later in the

mistaken belief that he was 'paying back' a person whom he had a grudge against. * ★ ★ Denise Cribb, 1 8, shearing gang worker of Raetihi, who was previously convicted of stealing one pair of woollen boots from the Sheepskin Shop and also of breaking and entering Dalgety Crown in Raetihi, was remanded until 25 January 1985 under the same conditions of bail set last month. Through counsel, Mr D.G. Harvey, the court heard that Cribb has been virtually disowned by her family but is now in a home where she was being forced to toe the line. In addition, she has recently obtained employment with a shearing gang locally and is earning $48 pet day. Counsel had warned Cribb that her court appearance could result in a jail sentence. His Honour called for a further probation report to be conducted over the next month and directed the officer to take particular note of how Cribb gets her money and what she does with it. He added that he was well aware that restitution of $1299 was being sought by Dalgety Crown for the broken plate glass window. ★ ★ ★ Dean Richard Hope, 26, shearer of Wairoa, pleaded guilty to being in a dwelling house at Kakatahi without reasonable excuse. The court heard how Hope had left his vehicle, after it had been involved in a collision, to look for help. Some three hours later, he entered a farmhouse after knocking several times. He went inside, used the toilet and was then discovered by the occupant. Hope, who was unrepresented, said that he had had no criminal intent, that he was only looking for assistance and to use. toilet facilities. He was convicted and fined $75 with $20 court costs. ★ ★ ★ John Hemi Pikari, labourer of Ohakune, made an

'unsophisticated' attempt to defraud Maori Trustees of $600 and ended up with a cumulative fine of $100 with $40 court costs. Mr D*.G. Harvey told the court that his client had paid back the $600 and had obtained full time employment and was now able to pay any fine that His Honour directed. ★ ★ * Wayne Francis Waara, 31, driver of Raetihi and Rowan Denzel Eves 24, builderof Ohakune, pleaded not guilty through counsel Mr P.G. Brown, to stealing two sow pigs valued at over $40 on 17 November 1984. The two were remanded at large until 21 February 1985 for a defended hearing. ★ ★ ★ Maria Vicky Condon, 3 1 , housewife of Raetihi, was convicted and remanded until 25 January 1985 pending a probation officer's report. She had earlier pleaded guilty to breaching the Social Welfare Act by failing to report to the Social Welfare Department that she had married and was no longer eligible to receive the Domestic Purposes Benefit. She also pleaded guilty to failing to report to her Probation Officer. The court heard that Condon had married on 21 April 1983 but continued to receive payments totalling $3,452.58 although $796 had been reimbursed thus restitution of $2,656.58 was being sought. Mr D.G. Harvey appeared for Condon. ★ ★ ★ Gregory Grant Cassidy, 20, student of Palmerston North, pleaded not guilty to driving a motor vehicle on Ngauruhoe Crescent in a manner that was dangerous to the public. Mr D.G. Harvey was acting under instruction^ from Cassidy's Hastingsbased solicitor. The case will be heard on 21 February, Cassidy being remanded at large. ★ ★ ★ George Ashford Pekamu, 1 7, PEP worker of Ohakune,

appeared on three charges to which he pleaded guilty. On 9 December 1984, Pekamu damaged a flourescent light tube outside Kapai Bookshop, the property of King Country Electric Power Board and valued at $6.48. On the same day he was seen to behave in a disorderly manner in Clyde Street, Ohakune. He also appeared on an earlier charge of drinking in the Ohakune Hotel. Pekamu, who was represented by Mr D.G. Harvey, was ordered to do forty hours community work and to pay compensation to , the King Country Electric Power Board on the first two charges, and for the under-age drinking charge was convicted and fined $20 with $8 court costs. ★ ★ ★ Andrew Donald Beggs, 21, labourer of Ohakune, pleaded guilty, through his counsel Mr D.G. Harvey to a charge that on the 6 October 1984 he drove a motor vehicle on Shannon and Miro Streets with 155 milligrammes of alcohol per 100 millilitres of blood. He also pleaded guilty to not having a current warrant of fitness for his VW combi van. He was convicted and fined $325 with $20 court costs, ordered to pay $33.50 in medical fees and to pay the DSIR $32 for the analyst's fee. In addition he was disqualified for nine months. On the second lesser charge he was fined $20 court costs. ★ ★ ★ Phillip John Smythe, 24, inmate of Waikune Prison pleaded guilty to having a Class B controlled drug namely cannabis resin, in his possession on 10 December 1984. Counsel, Mr P.G. Brown, told the court that Smythe only had sufficient for four smokes and had made a clumsy attempt to conceal the drug from prison officers. He added that his client was now to be reclassified within the prison Continued next page

continued from previous page system and was to be transferred to Wanganui Prison. ★ ★ ★ Adolfe Smolnicki, 63, fitter / turner of Petone pleaded guilty to carelessly using a motor vehicle at Karioi on 2 September 1984. Mr D.G. Harvey, acting under instructions from Smolnicki's solicitor, told the court that Mrs Smolnicki had been in hospital for several weeks after the accident and was still having to make regular visits to both the doctor and physiotherapist. Should her husband be disqualified from driving, it would put great pressure on her as they did not live near a bus stop and would find it difficult to make those necessary visits. Smolnicki was convicted and fined $125 with $20 court costs and was further ordered to resit his driver's license. ★ ★ ★ Campbell Derek "Batts, 23, computer salesman of Auckland, pleaded guilty to careless use of a motor vehicle. Mr D.G. Harvey told the court that his client had been travelling down the Ohakune Mountain Road, when he fell asleep at the wheel and crashed into a tree. Batts received a dislocated hip and spent three weeks in hospital after the accident which occurred on 15 September 1984. He has paid a $200 excess on the vehicle and has also recently completed a defensive driving course. In addition he was off work for six weeks which he estimated would have cost him $1200 by way of commission. His wife, Phillipa Jane Batts, who was in the vehicle at the time of the accident, was first thought to have serious injuries but this proved not to be the case. Batts was convicted and fined $75 with $20 court costs. ★ ★ ★ Peter Blair Hammond, 31, market gardener of Ohakune, was convicted and fined $150 with $20 court costs for using a motor vehicle when a current certificate of fitness was not in force in respect of that vehicle. He was also fined $ 1 00 with $20 court costs for not having a distance recorder fitted. ★ ★ ★ Phillip Hamley Ellery, 24, mill hand of Ohakune, appeared in court on three charges to which he pleaded guilty. Ellery, who was represented by Mr P.G.

Brown, was charged with assaulting an officer, namely Sergeant Peter Neil Coker, to resisting that officer in executing his duty and to having in his possession 15 grams of cannabis. Mr Brown urged His Honour to call for a Probation Officer's report on his client as he seemed to become unco-operative when the effects of alcohol became apparent. He had not only threatened the officers at Ohakune policg station, urging them to 'have a go\ but had also damaged a police radio. Ellery was remanded until Friday 25 January for a probation report. He was released on a bail of $400. ★ ★ ★ Walter Angus Cracroft Wilson, 19, driver of Wanganui, through his counsel, Mr D.G. Harvey, pleaded guilty to driving in a careless manner and to driving with 850 microgrammes of alcohol per litre of breath. The incident, which occurred in Wanganui on 16 September 1984, resulted in $1800 worth of damage to railway lines, for which Wilson had paid the N.Z. Railways restitution. His car, an Alfa Romeo, sustained $6000-$ 10,000 worth of damage which his insurance company has refused to- cover and in addition, Wilson owes his father a sum of money for an earlier loan on the car. Mr Harvey added that his client was a responsible man who had 'made a mistake'. "It was fortunate," said Mr Harvey "that no-one was injured." Wilson was fined $325 with $20 court costs and disqualified him from driving for 9 months. On the careless driving charge, he was fined $20 court costs and disqualified from driving for a further period of six months. ★ ★ ★ Dean Hiroti, 23, shearer of Raetihi, pleaded guilty to two charges of trespassing at the Raetihi Hotel, firstly on 1 December and then on 8 December 1984. Mr D.G. Harvey told the court that Hiroti was confused as to the period of time he had been banned by the publican from Raetihi Hotel and when he had tried to ascertain the exact period, was given three different answers. In addition, the original letter banning his client had been presented when Hiroti was intoxicated. His Honour stressed that

the ban was for a period of two years unless the publican invited Hiroti onto the premises personally. On each of the two charges, Hiroti was convicted and fined $75 with $20 court costs. ★ ★ ★ Phillip Gerry Hiroti, 25, shearer of Raetihi, pleaded guilty to two charges of trespassing at the Raetihi Hotel on the 1 and 8 December 1984. Counsel, Mr D.G. Harvey, told the court that his client thought the ban he received became void once he had served a prison sentence relating to an earlier trespassing charge. Judge Unwin told Hiroti that he was not allowed in unless invited by the publican and that if he ever wanted to return to_ the Raetihi Hotel, then he was going about it the wrong way. He also added that this was a final warning and that should Hiroti reoffend, a further period of imprisonment could result. He convicted and fined Hiroti $50 and $20 court costs on each charge. ★ ★ ★ Graham Ellis Taylor, 40, pipe fitter of Waikune, pleaded guilty to driving in Alexandra Street, Te Awamutu with 1 60 milligrammes of alcohol per 100 millilitres of blood. He also pleaded guilty to driving without a seat belt. In his submissions, Mr D.G. Harvey, told the court that his client had used all his savings to purchase a house in Palmerston North for his family. Taylor was convicted and fined $300 with $20 court costs. He was ordered to pay $35 doctor's fees and $32 DSIR analyst's fee and was also disqualified from driving for six months. ★ ★ ★ Glen Steven Gillon, 21, plasterer of Auckland, was convicted and fined $125 with $20 court costs on two charges of taking trout during the closed season and to not holding a current trout licence. Gillon pleaded guilty. . ★ ★ ★ Murray Kenneth Brown, 26, decorator of Ohakune, was convicted and fined $ 1 25 with $20 court costs for taking trout during the closed season. Brown had entered a guilty plea also. ★ ★ ★ Ann Elizabeth Gardner, 49, Sandra Jane Ball, 24, and Thomas Henry Ball, 27, all farmers of Ohakune were remanded until 21 February 1985. The three have been convicted of being overstay-

ers and have had their appeal by Minister of Immigration, Mr Kerry Burke, turned down. Mr V. Thomas, representing the Immigration Department requested that their passports be surrendered and that the three continue to report until a further court hearing in February if they have not been deported by that time. Judge Unwin declined the request stating that the Department does not have much to fear from the family and indeed that the country might have something to gain. ★ ★ ★ A charge of carelessly using a motor vehicle causing the death of Douglas Mervyn Lett on Sunday21 August 1984, was dismissed against Richard Kane Hore, 1 8, bush feller of Raetihi. After the court had heard the prosecution case, counsel Mr P.G. Brown submitted to Judge Unwin that his client did not have a case to answer. His Honour agreed and dismissed the charge. Two further charges, one of driving without a driver's licence and another of not carrying a current Warrant of Fitness were heard with Horne pleading guilty to both. He was convicted and fined $450 with $20 court costs as well as being disqualified for three months on the first charge and convicted and fined $30 with $20 court costs on the second charge.