Ohakune District Court

Waimarino Bulletin, Volume 3, Issue 1, 28 May 1985, Page 8

Ohakune District Court

The following cases were heard by Judge E. W. Unwin in the Ohakune District Court on Thursday 23rd May. Adolphus Dolphy Kohu, 37, carver of Ohakune, appeared for sentencing on a charge of receiving three pairs of sports' shoes. Mr P. G. Brown told His Honour that Kohu's probation report showed an honesty that had surprised the officer compiling it. He added that his client had now found full time employment which was for seven days a week, an average of ten hours per day. Judge Unwin said that Kohu was appearing for the third time on the same charge but conceded that the report had been a positive one. "It is time you stopped living like a leech on society. If you don't respond in the way that is suggested in the probation report then a form of

imprisonment will be necessary." Kohu was given a suspended sentence of two years and ordered to pay $191.60 witnesses' expenses and $75 towards the cost of the prosecution. William Peter Pikari, 22, unemployed of Raetihi, appeared for sentencing on five charges - theft, resisting arrest, dangerous driving and driving while disqualified. Pikari had been to Wanganui for assessment at the alcohol centre and to Wanganui Base Hospital for tests. The results of these indicated that he is suffering from brain damage and that it is imperative he be admitted into a suitable institution where his alcohol problem can be brought under control. Pikari, who was represented by Mr D. G, Harvey, was remanded until 27th June with bail to continue on the understanding that he admit himself urgently for treatment. Anne Elisabeth Gardner, 49, Thomas Henry Bail, 27, and Susan Jane Bail, 24, all farmers of Ohakune, were remanded for two months with present bail conditions to continue. Mr D. G. Harvey acted under instructions from Mr P. Hankins. Henry Cyril Mott, 25, labourer of Ohakune, pleaded guilty through counsel Mr P. G. Brown, to breaking and entering into the Waimarino Golf Club in Makaranui Road on the morning of 12th May 1985. The court heard that Mott had driven three people to the golf club and had stayed with his vehicle to act as a look-out. When the police came, he informed his associates then fled the scene. Judge Unwin called for a probation officer's report and convicted Mott releasing him on bail of his own bond of $500, until 27th June. George Ashford Pekamu, 17, unemployed of Ohakune, appeared on three charges of breaking and entering the Waimarino

Golf Club on 26th April, 29th April and 12th May 1985. Pekamu, represented by Mr P. G. Brown, pleaded guilty, was convicted and remanded until 27th June for a probation report. He was released on bail of his own bond of $500 and was ordered to stay with his parents keeping a curfew between 8pm and 7am every night. George Maxwell Moses Tamatea, 21, labourer of Ohakune, pleaded guilty to breaking and entering the Waimarino Golf Club on 12th May 1985. The court heard how Tamatea had gone with associates to the club and had taken a jack from his vehicle. His associates used this to smash a hole in a ranch slider door, entered the building then attempted to force entry to the bar area. Tamatea kept watch on the balcony. Represented by Mr D. G. Harvey, Tamatea was convicted and remanded until 27th June pending a probation officer's report and was released on bail of his own bond of $500. Richard Hohepa Wharehinga, 17, forestry labourer of Ohakune, pleaded guilty to receiving beer and spirits from Augustine Riini knowing that it had been dishonestly obtained. The court heard that on 21st April 1985, Wharehinga was approached by Riini who told him that he had broken into the Ohakune Rugby Sports and Social Club and that he needed assistance to load the drink into his car. The two went to the clubrooms, loaded up the car and took it to an address in Ohakune. Wharehinga was given a $40 bottle of whiskey from the load which was valued at $995.29 in total. He was convicted and remanded until 27th June for a probation officer's report and sentencing, and was released on bail of his own bond of $500. Terry Leonard Godfrey, 17, shed hand of Ohakune,

pleaded not guilty through counsel, Mr D. G. Harvey, to causing bodily injury to Frederick Te Miha on 23rd December 1984by carelessly using a motor vehicle. He was remanded at large until 27th June. John Anthony Berridge, 25, spraying contractor of Raetihi, pleaded guilty to driving a vehicle on S.H.49 while his blood level exceeded 80 milligrams of alcohol per 1 00 millilitres of blood. He also pleaded guilty to carelessly using a motor Vehicle. At about 1 1.10pm on 22nd February 1985, Berridge was travelling towards Raetihi and attempted to overtake another vehicle. While overtaking, he hit an embankment on the wrong side ?f the road, causing his vehicle to roll. His car was subsequently written off and Berridge was admitted to Wanganui Hospital where a blood test was taken. When Judge Unwin asked Berridge if he had anything to say in his defence, he replied, "I am happy that nobody else was involved in the accident Your Honour." He was convicted and fined $450 with $35 court costs and ordered to pay $33.50 medical expenses and $32 D.S.I.R. fees on the charge of drinking/driving. He was further disqualified from holding or obtaining a driver's licence for 12 months. On the second charge of careless use, he was ordered to pay $35 court costs. Malcolm Bowring, 18, unemployed labourer of Raetihi, was convicted and fined $240 with $35 court costs on a charge of receiving. The court heard how Bowring had been offered a Jonsared chainsaw valued at $650, the property of Winstone Afforestation Ltd, knowing that it had been dishonestly obtained. He paid $250 cash for it buying it from a person he had only met once. continued on page 15

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continued from page 8 When the police called on Bowring on 14th May, he told them that he had bought the chainsaw from Winstones but later said that he knew it had been stolen as it had WAL engraved on it. WALare the initials of Winstone Afforestation Ltd. He was ordered to return the property. Owen James McLean, 21, unemployed of Ohakune, pleaded guilty to driving a motor vehicle on Miro Street with 180 milligrams of alcohol per 100 millilitres ofblood. He was convicted and fined $300 with $35 court costs, disqualified from holding or obtaining a licence for six months and ordered to pay $38 medical expenses and $32 D.S.I.R. fees. Andrew MacFarlane, carrier of Ohakune, pleaded guilty to exceeding the maximum gross weight specified in the licence displayed on his vehicle. Represented by Mr D. G. Harvey, McFarlane was convicted and fined $115 with $35.court costs. David Evan Albert Berry, 52, farmer of Raetihi, was convicted and fined $20 with $35 court costs on two charges of not having a distance recorder fitted and failing to display a distance licence. Mr D. G. Harvey told His Honour that his client had been powerless to prevent the use of the truck on 19th January 1985 as a friend, thinking he was doing a favour, was helping to transport hay to avoid rain.

The truck was never intended to be used for this or any other purpose as it needed considerable work done to it. Mark Anthony Simons of Auckland, pleaded guilty by letter to driving on the Ohakune Mountain Road without chains on 15th September 1984. Mr D. G. Harvey appeared for the Waimarino County Council and asked for the case to be remanded until 27th June. Eric Anderson Howe, 21, bushman of Ohakune, was represented by Mr P. G. Brown who requested that a defended hearing be adjourned till 25th July. Howe has pleaded not guilty to causing bodily injury to Ian Crawford Thomas by carelessly using a motor vehicle. Maurice Leslie Pulman, of Raetihi, was remanded until 27th June on a charge of non-payment of fines. Judge Unwin told Pulman that he was to pay $30 a fortnight until then. Darrell Shane McLeod, 22, skin buyer of Ohakune, changed his plea from not guilty to guilty of driving while disqualified on 22nd March 1985. He had previously pleaded guilty to the same charge which occurred on 12th March this year. Mr P. G. Brown told the court that his client had taken a loan out with the Maori \Affairs Department for $9,000 to start a skin buying business. A term of imprisonment would jeopardise this new business. He added that his client had been tempted by

the fact that the car, his wife's, was easily accessible. He had previously appeared on several other occasions on the same charge. His Honour ordered that the car, a Leyland valued at $5,500, was to be forfeited and that should McLeod be seen driving a car in the next 1 2 months, then he would go to prison. He was further disqualified from holding or obtaining a driver's licence for 12 months. Gregory Grant Cassidy, 20, student of Palmerston North pleaded not guilty to a charge of dangerous driving on 8th August 1984 at Whakapapa Village, Mount Ruapehu. Helen Mary Ryan a registered nurse of Rotorua, told the court that at about 1 1 pm on the night of 8th August, she had been driving her Datsun 120Y from R.A.L. Headquarters along Ngauruhoe Street at about 1 5-20 kms/hr. The road was icy and she had just pulled out of a driveway when she observed a vehicle driving erratically towards her. The car appeared to be doing V turns, crossing from one side of the road to the other. She swerved to avoid the car but it swerved at the same time resulting in a head-on collision. $2,200 worth of damages was sustained to her vehicle. Ian Bellard told the court that he had been walking with two friends along Ngauruhoe Street on the same night when they observed a Mini driving past them with no lights and driving on the wrong side of the road.

He saw another vehicle swerve to avoid it but the Mini changed to the correct side of the road at the same time, resulting in an accident. Gareth Hawkins said that he had been with Bellard and they had observed that the Mini appeared to be driving at an unsafe speed for the road conditions which were hazardous. He said that the Datsun 120Y had swerved to avoid the Mini that had been travelling on the wrong side of the road. Constables Lockett and Donaghue interviewed Cassidy on 9th August and 28th September 1984 respectively. Constable Lockett said that he had been unable to find Cassidy on the night of the accident but spoke to him briefly the next day. At that time the defendant said that the road had been icy the previous night. Constable Donaghue interviewed Cassidy at Palmerston North taking a statement from him at that time. In that statement, Cassidy said that he had been at the Whakapapa Tavern on the night of 8th August from about 7pm till closing time and had drunk I/2 jugs of beer. He and his three passengers left at about 11pm and drove along Ngauruhoe Street at about 30 kms / hour. He had forgotten to turn his headlights on and was not wearing a seat belt. Mr D. G. Harvey, submitted that there was a case for careless driving but not dangerous driving to which Judge Unwin replied that he

believed there was a prima facie case for driving dangerously. Cassidy told the court that he now lived in Hastings. On the night in question, he had been driving along Ngauruhoe Street at about 35-40 kms/ hour, when one of his passengers asked him a question to which he turned his head to answer. It was then that he had crossed to the wrong side of the road and had corrected this when the collision occurred. In his summing up, Judge Unwin said that the road had been clearly dangerous on the night in question. "Miss Ryan clearly had to make some assumptions bearing in mind that the vehicle was coming towards her travelling on the wrong side of the road." He added that by and large, her testimony was corroborated by two pedestrians. "There was not much else that Cassidy could have done wrong," he said. "At the time, Cassidy was a potential time-bomb, even pedestrians were at risk." There were four reasons for the accident in Judge Unwin's opinion. The road had been icy and potentiqlly dangerous, the defendant had been drinking until closing time, he had taken his eyes off the road and did not have his lights on. He convicted and fined Cassidy $225 with $35 court costs and disqualified him from holding or obtaining a licence for eight months from 30th May.

He was ordered to pay $96 vitnesses' expenses. "Today yqu have heard from the victim of the terror in her heart as a result of your actions," he concluded. Jaqueline Anne Fraser, 18, hotel worker of Ohakune, pleaded not guilty to stealing six glasses valued at $ 1 5 and one towel valued at $2, the property of T. B. and VI. E. Leggatt Ltd. Mary Leggatt told the ;ourt that on 10th February, she had glanced into the staff room through the window and observed Miss Fraser putting a towel into her bag. She then discussed this with her husband, Dennis Bruce Leggatt. Mr Leggatt said that he had gone into the staff room with an employee to see whether Miss Fraser had hotel property in her bag. He discovered the glasses and towel and informed the police. At 3pm Miss Fraser left the hotel and he had stopped her outside and asked her to come in as he believed she had taken the glasses and a towel. Inside the hotel, Miss Fraser's bag was emptied and it was found that she had the objects in her bag. Hoki Henare, a cook at the Ohakune Hotel, said she was present with Mr Leggatt when he had looked into Miss Fraser's bag while it was'in the staff room. She saw him take out the towel and glasses. At this time, Judge Unwin adjourned the matter part heard to the 27th June court sitting at 9am.