Ohakune District Court

Waimarino Bulletin, Volume 3, Issue 38, 4 March 1986, Page 4

Ohakune District Court

The following cases were heard by Judge E. W. Unwin at the Ohakune District Court last Thursday. Police Sergeant Neil Coker of Ohakune and Detective Sergeant C. Sanderson of Taihape appeared for the prosecution. Traffic Officer Ian Harrison of Ohakune and Traffic Officer M. L. Browning of Wanganui appeared for the Ministry of Transport. ★ ★ ★ Malcolm Bowring, 19, of Raetihi and Kevin Michael Bowring, 23, farmer of Ohura, appeared on charges related to an incident in Seddon Street, Raetihi, on 23 November 1985. Malcolm Bowring was charged with resisting a constable and using offensive language. Kevin Bowring was charged with obstruct- : ing a constable. Both defendants elected to conduct their own defence and were not represjnted by legal counsel. Court heard how police sergeant Neil Coker and police constable John Fraser had been patrolling Seddon Street, Raetihi, in a police car during the early hours of 23 November. According to police evidence, at about 2.45am Malcolm Bowring was seen to give the patrol car the 'fingers' sign and was heard to use the offensive language.

When constable Fraser approached Malcolm Bowring the defendant got into the back seat of a parked car and 'wedged' himself in so that he could not be physically removed and arrested. Malcolm Bowring was being assisted in resisting arrest by his brother Kevin who was also in the car. Both defendants had been a ttending a party since 11pm and admitted they had been drinking. According to Malcolm Bowring he did not give the 'fingers' sign nor did he swear at the police. He claimed that constable Fraser had used a batoii to break the car window during the attempt to arrest him. According to Kevin Bowring it was at this stage that he decided to assist Malcolm in avoiding arrest as he "feared for his brother's safety." Police denied that they had used a baton and claimed that the car window had been broken because defendants had attempted to lock the car doors and wind up the windows during the struggle to remove Malcolm Bowring and constable Fraser had been trying to prevent the window being closed. Judge Unwin, in his summing up, said that on the question of credibility he had no hesitation in rejecting the statements of both defendants. "Malcolm Bowring had no reason or authority to resist arrest and Kevin Bowring had no reason or authority to obstruct a constable in the execution of his duty." On the charge of obstruction Kevin Bowring was convicted and fined $150, court costs $35. On the charge of resisting arrest and using obscene language Malcolm Bowring was convicted and sentenced to 30 days corrective training cumulative on the present sentence being served. ★ ★ ★ Stanley James Nathan, 20, unemployed of Raetihi, was remanded to appear for a defended hearing on 21 March on a charge of obstructing a constable in the execution of his duties on 23 November 1985. ★ ★ ★ Raymond Te Awa Huriwaka, 29, driver of Ohakune, appeared for sentence on two charges: one of burglary and one of unlawfully entering a building. In passing sentence Judge Unwin said that these two offences appeared to be out of character and probably arose from an abuse of alcohol. He did not regard the defendant as a "recidivist criminal."

"However there were few more serious offences in Ohakune than the burglary of other peoples' property," he said. This offence, the theft of clothing and electrical appliances from the Ohakune teachers' hostel, involved property to the value of $324. Of this amount defendant had already repaid $200 in restitution. Defendant was ordered to complete payment of compensation within 30 days and released on supervised probation for nine months providing he undertakes alcohol assessment, counselling and treatment during this period. Counsel: P. Brown. ★ ★ ★ Trevor Murdoch Henare, 19, unemployed labourer of Ohakune, pleaded guilty to two charges: being a minor on licensed premises (the Ohakune Hotel) and possession of a pipe for the purpose of a commission of an offence against the Misuse of Drugs Act: smoking a class C controlled drug namely cannabis. In sentencing defendant to a fine of $250, court costs $35, on the second charge Judge Unwin said that he believed "people who smoke cannabis can afford to pay fines because they were able to support an expensive habit." On the first charge he was convicted and ordered to pay $35 court costs. Counsel: P. Brown. ★ ★ ★ Owen James McLean, 22, of Ohakune, but currently residing in Whangarei, pleaded guilty to a charge of driving while disqualified. He also appeared on a defended charge of using insulting language in Clyde Street, Ohakune on Friday 20 September 1985. On the charge of using insulting language, defendant, who had been drinking for about two hours prior to the offence, was warned by police sergeant Neil Coker and constable John Fraser but denied swearing in a loud voice.

"This was a typical type of street offence," commented Judge Unwin. "It was clear the language complained of in the charge left a lot to be desired — and I have no reason to doubt the veracity of the constable's evidence — but as it involved one witness against another I cannot discount the possibility that someone else might have used the language. The charge is therefore dismissed on a very slight benefit of the doubt." On the driving while disqualified charge defendant was reminded that as a second offender he could face a fine of $4000 as well as five years imprisonment. Asked if he knew that he could also have his vehicle confiscated defendant replied, "I don't think I'd like that." Asked then how he'd react to a 12-month disqualification he replied, "I wouldn't like that either." He was convicted and fined $450, court costs $35, and disqualified from driving for 12 months. ★ ★ ★ Ricky John McLeod, 18, unemployed mill worker of Ohakune, pleaded guilty to three charges arising out of incidents on 24 February: using insulting language in Clyde Street, Ohakune; being a minor on licensed premises (Ohakune Hotel); resisting arrest. He was convicted and fined $50, court costs $35, on each charge. ★ ★ ★ Amber Lamear Mary Pouwhare, 19, unemployed shedhand of Raetihi, pleaded guilty to stealing four woollen jerseys with a total value of $419, from Taupo. In sentencing defendant Judge Unwin said that the offence, which had been committed in the company of others, may have been related to alcohol and might have involved an element of bravado. "However you must learn to live within the law but you'll get a break today: you'll repay your debt to society with 50 hours of community work." Continued on page 17

Ohakune District Court

Continued from page 4 Kara Tekiri Swainson, 19, unemployed labourer of Waiouru, pleaded guilty to a charge of stealing clothing to the value of $53 in Waiouru on 17 November 1984. His counsel D. G. Harvey explained that defendant had taken the clothes in the early hours of the morning after attending a function. " "He stood to gain nothing: the clothes didn't even fit and one thing you don't do in Waiouru is steal and wear Army clothing," he said. Judge Unwin agreed that it appeared to be "a spur-of-the-moment thing resulting from alcohol when the normal restraints were absent." Defendant was given a suspended sentence of 12 months and ordered to pay $125 towards the cost of prosecution. ★ ★ ★

Adam Dominic Stephen Haitana, 19, a Labour Department Maori language trainee of Raetihi, pleaded guilty to damaging a pane of giass valued at $40 when he kicked the door of the Theatre Royal in Raetihi on Sunday 9 February. Defendant admitted he had an alcohol problem and had sought advice and help. He was convicted and sentenced to a 1 3-week residential rehabilitation course at Totara Trust in Masterton. He was ordered to pay compensation of $40 for the damaged glass within two months. ★ ★ ★ Gary John Bowden, 19, soldier of Waiouru, pleaded guilty to a charge of driving (a motorcycle) while disqualified at Waikouaiti (in the South Island) on 18 October 1985. He was also charged with not having registration

plates affixed. These offences occurred before he joined the Army. In sentencing defendant Judge Unwin said that had Bowden been a member of the armed services earlier he might have learnt some selfdiscipline and therefore avoided the offences. "But your future looks bright according to the officer who has come here today to speak on your behalf." Defendant was fined $150, court costs $35, and disqualified for a further six months on the driving cKarge. On the second charge he was convicted and ordered to pay $35 court costs. ★ ★ ★ Rerekura John Menehira, 25, railway worker of Ohakune pleaded guilty to a charge of driving with excess breath alcohol in Old Station Road, Ohakune on the night of 13 September 1985. As a first offender he was convicted and fined $200, court costs $35, and disqualified from driving for six months. A charge of failing to give way was dropped. ★ ★ ★ Robert Cecil Irwin Cornwall, 51, of Ohakune, pleaded guilty to driving with excess blood alcohol in Goldfinch Street, Ohakune, on the night of 13 September 1985. He was convicted and fined $285, courf costs $35, disqualified for six months and o.rdered to pay $38 med-

ical costs and $32 DSIR fees- * ★ * Shane Neville Harvey, 25, foreman at Raetihi, pleaded guilty to driving with excess breath alcohol on SH4 Raetihi on the night of 30 November 1985. A traffic officer had observed defendant turning right into SH4 from Seddon Street without stopping at the Stop sign. He was convicted and fined $300, court costs $35, and disqualified for six

months. Counsel:

D. G.

Harvey.

★ ★ ★ Hamish Graeme Reynolds, 17, electrical apprentice of Raetihi, pleaded guilty to a charge of driving a vehicle without a current warrant of fitness in the railyard at Ohakune. He was convicted and fined $10, court costs $35. ★ ★ ★ Victoria Kaherua Kimura, 25, unemployed of Taihape, pleaded guilty to receiving $725 unemployment benefit when not entitled to do so. Defendant explained that while receiving the unemployment benefit she had started a part-time casua! job which gradually became a more regular one. On her own admission she "went stupid" and failed to contact the Department of Social Welfare and advise them that she had started work. She was ordered to make reparation of $725 within six months or face a term of imprisonment. ★ ★ ★