Ohakune District Court

Waimarino Bulletin, Volume 3, Issue 50, 27 May 1986, Page 24

Ohakune District Court

The following cases were heard by Judge E.W. Irwin in the Ohakune District Court last Thursday. Police sergeant Kevin Whiteman of Wanganui appeared for the prosecution and Traffic Officer Ian Harrison of Ohakune appeared for the Ministry of Transport. ★ ★ ★ Bradle- Ford Bowring, 22, trapper of Raetihi, was to have appeared on several charges including one of driving while disqualified on SH43 on 5 April, one of driving while disqualified in Queen Street on 9 April, one of stealing a Ford Zephyr Mk 3 valued at $1000 on 5 April and one of breaking and entering a building in Tauranga between 17-24 January with intent to commit a crime therein. Two further Ministry of Transport charges are also pending. A warrant for his arrest was issued. ★ ★ ★ Derek Chase, 23, cablelayer of Taihape, was remanded without plea to appear in the Taihape District Court on 16 June on two charges of assaulting a constable, one of causing intentional damage to a motor vehicle and one of intentionally damaging a shirt. ★ ★ ★ Ann Marie Cook, 25, housewife of Ohakune pleaded guilty to a charge of careless use of a motor vehicle in Clyde Street, Ohakune, on 5 May. She was convicted and fined $100,

court costs $35. Counsel: D.G. Harvey. ★ ★ ★ Peter Desmond Fitzgerald, 25, unemployed builder of Rangataua was charged with having in his possession utensils for the commission of an offence against the Misuse of Drugs Act namely the manufacture of a Class 'B' controlled drug on 9 May. Defendant pleaded not guilty and was remanded on bail of $500 with a surety of a like amount to appear in the Ohakune District Court for a defended hearing on 1 7 July. ★ ★ ★ Duncan Neil Fyfe, 21, refrigeration engineer of Wellington, was charged that on 9 May in Rangataua he had in his possession cannabis for the purpose of supply. Following a not guilty plea he was remanded on bail of $500 with a surety of a like amount to appear in the Ohakune District Court on 17 July for a defended hearing. ★ ★ ★ Ronald Wilson Haitana, 30, shearer of Raetihi was to have appeared on a charge of stealing a 10-spe6d bicycle valued at $180. Following his failure to appear it was ordered that the warrant for his arrest should remain in existence. ★ ★ ★ Georgina Maude Kahaki, 37, housewife of Ohakune, appeared for a defended hearing on a charge of stealing three packs of meat valued at $19.02 from the New World Supermarket in Ohakune on 24 April.

She had pleaded not guilty at an earlier hearing but changed her plea to guilty at this month's sitting. She was remanded at large to the Ohakune District Court on 1 9 June, for a medical report and a probation officer's report and sentence. Counsel: P. Brown. ★ ★ ★ Piki Karauria, 75, retired driver of Ohakune pleaded not guilty to a charge of careless use of a motor vehicle on SH49 on 19 November 1985. He was remanded at large for a defended hearing in the Ohakune District Court on 16 June. Counsel: P. Brown. ★ ★ ★ Darryl Robert McDonald, 23, sickness beneficiary of Rangataua pleaded guilty to possession of cannabis on 9 May. Being a second offence he was convicted and fined $300, court costs $35. Counsel: D.G. Harvey. ★ ★ ★ Walter John Maihi, 20, drilling labourer of Ohakune appeared for a defended hearing on charges of stealing a video recorder, a shotgun, a .22 and a .303 rifle to which he had earlier pleaded not guilty. The first prosecution witness, Donald Parkes of Ohakune, told court of a party in his Tainui Street home on 15 February this year which had been attended by "20 or 30" persons most of them uninvited but not unwelcome. The party had been held in the kitchen/dining room area of the house starting at about 9.30pm. At some later stage of the evening witness noticed that a video recorder was missing from the adjoining living room. Witness called a halt to the party and asked everyone to leave. He then noticed the shotgun (valued at $400), the .22 rifle (valued at $200) and the .303 rifle (valued at $100) were also missing. The next witness, Allan Gilmour of Reporoa, said

that he had got a lift home in defendant 's car. He told the court of a conversation between defendant and 'Ricky' (McLeod) in the car about the gun "which had come from the party". He saw Ricky take the .22 rifle into his (Ricky's) house. Ricky John McLeod, the next witness, said that he first heard about the party that night while drinking in the Ohakune Hotel. He admitted to throwing "a few guns and a video out of the window" while at the party and later putting them into " Walter 's car". He said that he then returned home with Walter and got the .22 rifle out of the boot and took it into the house. Asked, under crossexamination if he could remember a conversation about the rifle in the car or if he could remember if there was a third person in the car he replied: "No, I was too drunk". Witness did say that he had told 'Walter' about the stolen property in his car. Final prosecution witness, constable John Fraser of Ohakune, said that he interviewed defendant Maihi on 20 March in relation to the alleged offences. Invited to make a statement defendant replied that he wanted to speak to his lawyer. Legal counsel Paul Brown representing the defendant said that the evidence of the previous witness, Ricky McLeod, was unreliable. "T wo different statements have been made in relation to defendant's knowledge of the stolen property being in the car to this court under oath today, and another different again, had been made in a sworn statement given to police on 20 March". Mr Brown submitted that prosecution had not therefore established defendants' guilt beyond reasonable doubt and asked that the charge be dismissed. Judge Unwin after hearing all the evidence said that while there was insufficient

evidence of theft he proposed to amend the charge to one of receiving since the other three items - the video, the .303 rifle and the shotgun - appeared to have ended up in the defendant's possession. Defendant pleaded not guilty to this new charge and was remanded to 19 June so that witnesses could be called. ★ ★ ★ George Pekamu, 18, unemployed of Ohakune appeared for sentencing on two charges of receiving and one charge of unlawfully getting into a motor vehicle. He had been remanded on bail for a probation officers' report at last month's District Court hearing but as the probation officer had been unable to make contact with the defendant since then, Pekamu was further remanded on bail to next month's hearing on 19 June. Counsel: D.G. Harvey. ★ ★ ★ Sylvia Edith Racette, 24, unemployed chef of Ohakune, pleaded guilty to 26 charges of obtaining credit by fraud by using a bankcard in order to obtain a pecuniary advantage. She was remanded on bail to appear in the Ohakune District Court on 19 June for a probation officers'

report and sentence. Counsel: D.G. Harvey. ★ ★ ★ Neil Victor Whale, 38, market gardener of Ohakune, was charged with having a goods service vehicle on the road which failed to display a current certificate of fitness and exceeded the maximum reading specified on the distance recorder. Defendant explained that the vehicle was basically an off-the-road vehicle which spent most of the time either in the shed or on the paddocks and he had not previously claimed from the MOT the refund of roaduser charges that he was entitled to. Judge Unwin explained that though he could not be expected to award the defendant those refunds he did not think that defendant "posed any great threat to the transport industry". Defendant was fined $15, court costs $35, on each charge. ★ ★ ★ Rankin Young, electrical contractor of Wellington, was fined $175, court costs $35 and disqualified from driving for 2 months following a minor-injury accident ofSHl south of Waiouru on 12 January when defendant was overtaking another southbound vehicle. ★ ★ ★