Disorderly behaviour charge dismissed

Waimarino Bulletin, Volume 2, Issue 37, 5 March 1985, Page 12

Disorderly behaviour charge dismissed

Ricky John McLeod, 17, unemployed forestry labourer of Ohakune pleaded not guilty-to a charge of behaving in a disorderly manner in Clyde Street on 4 January 1985. In an earlier court sitting he had pleaded guilty to other charges of stealing one showlamp bulb valued at $19.95 and to willfully breaking that showlamp. He was convicted and fined $50 with $35 court costs on each charge and ordered to pay $19.95 compensation. In the defended hearing, police prosecutor, Sergeant Neil Coker called John Garth Triggell and,Malcolm Wayne Hudson, who both told the court that at about 8pm on 4 January, they had asked Rifcky McLeod and an associate to leave the Ohakune Baths which were snut at that time. At about 9pm whilst they wre parked outside the Country Cafe, a group which included Ricky McLeod approached the vehicle and a heated discussion followed between Mr Triggell and an unknown person. Messrs Triggell and Hudson then both heard a bang and turned around to find that a cup of milkshake had been deposited on the left rear of their vehicle. Neither could possibly swear that the incident could not have been an accident. Constable William Gregory Whyte told the court that he had been called to the incident and once he had

ascertained the facts asked the group "Who threw the milkshake?" Ricky McLeod stepped forward and said, "I did." When asked why, he simply shrugged his shoulders added Constable Whyte. Afterwards at the Ohakune Police Station, McLeod told him that he had tripped whilst trying to avoid broken glass on the footpath and had spilt the milkshake over the car. At the end of the prosecution case, McLeod's counsel, Mr D. G. Harvey submitted that there was no case to answer. His Honour disagreed saying that until he heard from McLeod himself, he could not make a decision.

In his testimony, Ricky McLeod told the court that he was not upset at Mr Triggell for ordering him from the swimming baths and that he had tripped as he fell, throwing the milkshake accidentally over the car. Defence witness, Brian Rex Oliver, said he saw Ricky McLeod coming out of the Country Cafe carrying a milkshake and that he had slipped on broken glass just outside the door. In his summing up, Judge Unwin, said that there was an element of doubt, "I am not satisfied that the prosecution have proved that McLeod threw the milkshake deliberately." He dismissed the charges.