Ohakune District Court

Waimarino Bulletin, Volume 3, Issue 20, 8 October 1985, Page 15

Ohakune District Court

The following cases were heard before Judge E. W. Unwin in the Ohakune District Court on Thursday 26 September. Sgt Neil Coker of Ohakune appeared for the police. ★ ★ ★ Thomas Henry Ball, Sandra Jane Ball and Ann Elizabeth Gardner, farmers of Ohakune, were again remanded at large without bail until 19 December on a charge of overstaying. Once again there was no appearance by the Department of Labour for the Crown and counsel for the defendants, Mr D. G. Harvey, said that they apparently do not oppose the application. In remanding the defendants his Honourcommented that the Ohakune District Court would one day not seem the same without their familiar faces. ★ ★ ★ A 20-year-old labourer of Raetihi was granted suppression of name when he appeared for sentence on a charge of having in his possession an offensive weapon, an axe, in circumstances that prima facie showed an intention to use it to commit an offence involving threat of violence during a domestic incident. He was released on probation for 12 months to enable him to obtain counselling and treatment for alcohol abuse and ordered to pay $ 1 50 towards the cost of prosecution. Counsel: P. Brown. ★ ★ ★ Dennis Bishop, 1 7, gardener's labourer of Ohakune, appeared on a charge of disorderly behaviour in Goldfinch Street on 7 September under circumstances that were likely to cause violence against persons to start. He kicked over two sandwichboard signs, threatened shop staff, challenged a shop owner to a fight and lay down in the street disrupting traffic. He was remanded on bail of $400 for sentence on 24 October to enable him to attend the Drug and Alcohol Abuse Assessment Centre in Wanganui. ★ ★ ★ William Ihinga Ihipa Crawford, 43, of Raetihi appeared for sentence on a charge to which he had earlier pleaded guilty of driving a motor vehicle on Customhouse Quay in Wellington on 10 May while proportion of alcohol was 630 micrograms per litre of breath. He was convicted and fined $200, court costs $35 and disqualified for six months. Counsel: D. G. Harvey. ★ ★ ★ John Llewelyn McLean, 18, labourer of Ohakune, appeared on a charge of wilful damage to the grass turf surface in the Mangawhero Lodge area of Tongariro National Park on 18 July. He also appeared on a charge of using obscene language in Clyde Street on 20 September. He was remanded on a bail bond of $400 to 24 October for a defended hearing on both charges. Counsel: D. G. Harvey. ★ ★ ★ Owen James McLean, 21, labourer of Ohakune, appeared on a charge of using obscene language in Clyde Street on 20 September. He was remanded on a bail bond of $500 to 21 November for a defended hearing.

★ ★ ★ Darrell Shaun McLeod, 22, unemployed market gardener of Karioi, appeared on a charge of intent to defraud by false pretences. Police asked for and were granted an adjournment until 24 October so that they could complete their investigations into further possible charges. The defendant was remanded on bail of $500 with a surety of a like amount to next Court sitting. He was not represented by legal counsel. ★ ★ ★ Peter Frew, 17, garden worker of Ohakune, pleaded guilty to a MOT charge of failing to comply with directions given by traffic signals at Paraparaumu on 16 June when he drove a fully-loaded 15-tonne truck through red traffic lights and almost collided with another vehicle. In his defence, counsel D. G. Harvey explained that his client, who was driving at 9.45pm on a wet road, was only 4-5 car lengths from the traffic lights when they changed to red. He had no choice other than to continue through the intersection for fear of causing an accident by heavy braking and skidding on the wet road surface. His Honour said that defendant was a young man who at age 17 had a lot of driving ahead of him. By taking the action he did on this occasion he may well have avoided an even worse situation but experience was lacking. As it was a first offence he was fined $65, court costs $15. ★ ★ ★ Shannon Winiata, 21, labourer of Ohakune and Darren William Condon, 19, shearer of Raetihi, pleaded guilty to a charge of breaking and entering Robins Nest in Seddon Street, Raetihi on 7 September with intent to commit a crime therein. Clothing and property to the value of $1292 was taken. Both were remanded to 24 October for a probation officers report and sentence. A request for name suppression was declined. Counsel: D. G. Harvey. ★ ★ ★ David Noel Hudson, 21, of Ohakune, appeared for sentence on a charge of breach of hire-purchase agreements. A total of $3,600 was still outstanding covering three items purchased from Chainey's of Wanganui. He was remanded on probation for a period of 1 8 months to enable him to pay compensaton in that time. He was also ordered to place his finances under the control of the probation officer and to take counselling and treatment for drug and alcohol abuse as directed. ★ ★ ★ Alistair John Smith, draughtsman of New Plymouth, appeared on a charge of damaging an extended traffic island at the junction of Turoa Drive and SH49 on the night of 3 September. He was seen to drive over a full-round post which had been nailed to the bitumen surface of the road. In passing sentence his Honour said that it seemed to be out of character and his action was mitigated by the fact that the defendant returned the next day to repair the damage. He was convicted and fined $150, court costs $35. Counsel: P. Brown.

★ ★ ★ Lex Robert McGinniss, 20, forest hand of Ohakune, appeared on a charge of causing injury to James Robert Samson, student of Ohakune, by carelessly using a motor vehicle on the night of 10 May. In a defended hearing the Court heard how the 1978 Ford Escort E Sports 1 600 driven by the defendant had left the road (SH49) on a moderate corner while travelling towards Raetihi from Ohakune. After skidding and rolling three times the car came to rest in a paddock about 20 metres from the road. As a result of the accident 1 7year old James Samson was admitted to hospital with concussion and received two stitches in the back of his head. Giving evidence James Samson said that he was one of six people in the car . . . he was sitting in the rear seat. Of the accident itself he could remember nothing because he had lost consciousness. Another witness, Raewyn Patricia Evans, student of Rangataua, said that she was one of five passengers in the car and had been sitting in the front between the driver and another passenger. She described how the vehicle had run into metal on the lefthand side of the road before being flung to the opposite side. There was then "a loud bang and the front of the car dropped" before rolling three times and landing up in a paddock. Ohakune constable Greg Whyte described how he had attended the accident site soon after midnight. He said that the weather was fine, the road surface was dry, there was no wind and there was no evidence of ice. He found skid marks consistent with a motor vehicle entering metal on the left-hand shqulder of the road and sliding across to the right-hand side of the road. The motor vehicle had come to rest in a paddock about 20 metres from the road. He described the bend of road on which the accident had occurred as one of 'moderate curvature'. Constable Whyte reported that when he interviewed the defendant after the accident the defendant had said that the car was already out of control when there was a loud bang and the front dropped. In evidence Lex Robert McGinniss said that he had been 'cruising' at about lOOkm/h and was about half way round the curve when the car ran into metal on the lefthand side of the road before sliding across to the opposite side where there was a loud bang and the right-hand front of the car dropped. It then went back to the left-hand side of the road and rolled. Defendant said that he had been driving half on the metal and half on the tar seal surface of the road but had only lost control when the front dropped, not when he hit the metal. He did not know why the front of the car dropped and said that he had earlier consumed only 5-6 cans of beer. Subsequent tests confirmed that blood alcohol results were below the legal maximum. Another defence witness, 16year old Paul Bradley Jones, said that he was a passenger in the back seat. Under cross examination he admitted that he was half asleep and 'mellowing-out' when the accident occurred. He did not see the corner coming nor did he know at what speed the car was travelling. Robert Edward McGinniss, father of the defendant, said that he had been in Taupo when I*e heard of the accident at about 2.00am. He travelled down overnight and was able to examine the vehicle at about 6.00am and again after daylight. He had found the front suspension either faulty or broken. He said that he had subsequently tried to recover the

parts from Wanganui where the car had been sent by the insurance company but without success. In his summing up his Honour said that he must compare the driving of this young man with that of a prudent driver and there were a number of factors which had to be taken into consideration. Firstly there was the fact that defendant had consumed 5-6 cans of beer and though he had not been over the legal limit there was a question of whether this was prudent for a 20-year old driver. Secondly there were more passengers in the car than the vehicle had been designed for. Thirdly the motor vehicle was being driven half on the bitumen and half on the metal surface of the road. Fourthly there was evidence of excessive speed confirmed by the fact that defendant's vehicle had overtaken others travelling in the same direction. His Honour found there was strong evidence of imprudence ..."it is quite clear that the driver was going too fast and I am left with the strong assumption that it was speed and overcorrecting that led to subsequent events." "A young man, liquor and speed are essential ingredients for disaster. . .one young man in three can be expected to be involved in accident statistics." Defendant was convicted and fined $150, court costs $35 and disqualified from driving for six months. Counsel: D. G. Harvey.