District Court

Waimarino Bulletin, Volume 3, Issue 11, 6 August 1985, Page 18

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The following defended hearings were presided over by Judge E. W. Unwin in the Ohakune District Court on Thursday 25 July. ★ * ★ A 19-year-old Ohakune labourer was granted suppression of name when he appeared on a charge of being unlawfully upon property — namely the Winstone Samsung Pulpmill at Karioi — during the early hours of Tuesday 15 January. He pleaded not guilty. The defendant had been found in the mill area by a night-shift production foreman at 1.30 in the morning as he was leaving a pump shed on the property. The night-shift foreman, who was a -prosecution witness, said that he had been advised that there were some 'strangers' in the mill area and had gone to investigate. He found the defendant emerging from the pump shed after he noticed the door swinging to and fro as he approached. When he asked the defendant (whom he knew) what he was doing there, he was told that "I was just seeing how the project is going. " When told to "beggar off" the defendant was seen to leave walking towards the railway line and a plantation of trees at the rear of the mill. Another prosecution witness who was a leading hand and working on the nightshift at that time said that, in response to a report about strangers being seer^ on mill property in the early hours of 15 January, he had taken his car around the back of the mill via the access track between the mill and the Wangaehu River. There he found a VW vehicle with three people in it parked near the electricity sub-station. He was able to identify the driver who was already known to him. The VW, driven by the defendant then "started off and roared away" according to this witness. Witness then got back into his car and followed the VW to find them parked again near the Tangiwai Bridge.

Witness said that he then blocked the track so that he could get out in order to speak to the occupants but as he did so the defendant "took off again and drove past without lights." Witness followed the VW to the main road when he checked skid marks to "make sure that the defendant 's vehicle had stayed on the road," before giving up the chase and returning to the mill. A defence witness gave evidence that he and the defendant had picked up a "couple of hitch-hikers at the hotel at about 1 1 .30 that evening and had agreed to take them to Waiouru where they would be dropped off before obtaining petrol for the return journey to Ohakune." Witness said that as they were passing the Winstone Samsung Mill the hitchhikers expressed interest in "all the lights." As both witness and defendant had previously worked at the mill they agreed to show the hitchhikers over the project — but, having passed the main entrance and public parking area, they decided to go round to the back of the mill as they were running short of petrol. When asked if he was aware that there was property on the mill site worth taking and that contractors were losing gear such as hand tools, witness admitted that he knew of these thefts.

In his summing up Judge Unwin said that he found most of defendant's conduct had been very suspicious. "It was' not impossible that defendant wanted to show hitch-hikers around the mill site in the middle of the night but it was not very likely either. There was a considerable lack of credibility in the defendant's explanation." Defendant was convicted and ordered to come up for sentence if called upon within the next 18 months. He was ordered to pay $75 towards the cost of prosecution and $32 witness expenses. Defendant was represented by Mr D. G. Harvey. ★ ★ ★ John Ranginui, 38, farm manager of Ruatiti Station, pleaded not guilty to charges of presenting a firearm at Mr Philomel John Cornelius at Ruatiti on 1 1 February, assaulting Mr Cornelius and driving in a manner that might have been dangerous to Mr Cornelius at the same

place and time. The assault and dangerous driving charges were laid as alternatives. For the police, Sergeant Neil Coker of Ohakune said that the charges arose from a series of incidents on Crotons Road in the Ruatiti Valley. The events took place over a period of three hours and within a distance of about 3.9 kms on a country road. First witness, Ms Raewyn Jessica Conning of Crotons Road, said that as a mob of about 80-90 cattle were being driven towards Ruatiti Station, two of Mr Jerry Cornelius' house-cows which had been grazing beside the road had been cau^ht up in the main herd. One house-cow was retrieved easily but the other remained with the main bunch and couldn't be separated. Witness said that she and Mr Cornelius had then chased after the mob in a car but were unable to catch up.

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However they did speak to the two horsemen — Mr John Ranginui and Mr Bill Berridge — who had been driving the herd and asked the whereabouts of their house cow. Witness said that Mr Ranginui replied that the cow was on the airstrip track but there was nothing he could do about it that evening. After saying that he wanted to have his house cow back that night because it had a calf, Mr Cornelius and witness returned to their own adjoining property. From there Mr Cornelius and his son set out on horse back to look for the missing cow and make sure it was not still on the road. As he rode along the roadside fence Mr Cornelius said that he heard the sound of motorbikes coming from the direction of Ruatiti Station and thought that things "didn't look too bright" so decided to call the police. His son went to check a side road and as he rode towards home Mr Cornelius met John Ranginui on a 3wheel farm trike with a gun over his shoulder. The missing house-cow was nearby. Mr Cornelius said that John Ranginui accused him of being on Ruatiti Station property and threatened to shoot him next time. It was at this poiht that John Ranginui was alleged to have pointed the rifle at him. "I got a big adrenalin rush and told John that he would pay for these games he was playing,"said Mr Cornelius. Mr Cornelius said that

John Ranginui had replied, "I'm not playing." Shortly afterwards a brief argument started with Rill Berridge and then, according to Mr Cornelius, as Bill Berridge and John Ranginui took off towards the Cornelius property chasing the cow, he said he heard John Ranginui say, "Let's shoot the cow." Mr Cornelius said that he gave chase on horseback but in doing so had his animal driven at by John Ranginui on the 3-wheeler. He managed to get the cow off the road and into the scrub where the bike-riders couldn't follow. Under cross-examination Mr Cornelius denied that he had opened up any gates to let out Ruatiti Station stock. In his evidence John Ranginui said that he had been farming for 22 years and had been station manager at Ruatiti since 1982. He said that when he started work at the station he was aware of problems, damage to fencing, missing stock etc. Mr Ranginui said that he was aware of the 'strangers' in the 80-90 head of cattle he had been driving along Crotons Road on the evening of 1 1 February. However he and Bill Berridge had been unable to separate one of them so decided to put it with the rest of the herd into holding yards on the airstrip track for the night. When Mr Cornelius came along looking for his housecow and asked where it was Mr Ranginui said that he explained that it had been a long day and they, Bill Berridge and he, would bring it

back in the morning. Mr Ranginui claimed that Mr Cornelius had then driven up the road, turned round and came back at "about 30 miles an hour" forcing the two horses to the side of the road and scattering the dogs. M r Ranginui later decided — "to save a lot of argument and hassles" — to collect the house-cow and return it to the Cornelius property. He got the cow out onto the road and then returned to get a rifle and the 3-wheel farm trike intending to hunt deer but found all his cattle on the road with the gate open. When he caught up with Mr Cornelius he said he asked him, "What the hell are you playing at opening the gate and letting all my cattle out?" He said that Mr Cornelius denied opening the gate and asked, "Where's my cow?" He told Mr Cornelius that he could "have his cow back if you get my mob of cattle back into the paddock." He said that Mr Cornelius then saw the cow and attempted to drive it home but Bill Berridge and he

tried to block the road. However, according to MrRanginui, Mr Cornelius managed to drive the cow into the scrub "where we couldn't follow that's when he laid into me with his crook and broke the crook on the handle bars of my trike." Under cross-examination Mr Ranginui denied he had threatened Mr Cornelius with the rifle. Mr Ranginui said that he had in the past attempted to resolve the differences between the two properties by organising a meeting with a local county councillor. In his summing up Judge Unwin questioned if neighbouring farmers in a rural community should be behaving like that. After hearing 3 /i hours of testimony he reserved his decision saying it was a question of credibility. He said there was no corroboration of the firearms charge and he needed time to review the conflicting evidence and take the whole background into account. He remanded the defendant at large until 22 August.