Builder charged with Health Act offences

Waimarino Bulletin, Volume 4, Issue 14, 2 September 1986, Page 8

Builder charged with Health Act offences

The following defended case ws heard by District Judge E.W. Unwin in the Ohakune District Court last Tuesday. Robert Michael Flynn, builder of Wellington, faced three charges brought by the Ohakune Borough Council under the Health Act. He was represented by Mr

J. Cuttance of Wellington. The Ohakune Borough Gouncil was represented by Mr D.G. Harvey of Ohakune. The charges involving breaches included: did drainlaying work not being the holder of a relevant certificate; by an act of default committed or permitted

others to cause a nuisance under the Act; occupied a dwelling which had inadequate appliances and equipment to dispose of wastes in a sanitary manner so as to be offensive and potentially injurious to health. Court heard from five prosecution witnesses details of these alleged breaches of the Health Act in respect of a property situated almost diectly opposite the Ohakune Borough Council chamber in Miro Street. Acting town clerk Janet Martin produced last year's council records relating to building permits which showed defendant as one of the applicants involved in the construction of two chalets at the rear of the Miro Street property. Ohakune health inspector Graham Gillespie of Wanganui gave evidence relating to a telephone conversation he had had with councils staff on 8 August last year. When told of effluent and raw sewage being found in an open drainage trench beside one of the new chalets he advised council staff to disconnect the water supply to the chalet concerned so that bathroom and kitchen appliances therein could not be operated. Borough foreman John Anderson described how he had seen effluent and raw sewage in an open trench leading from the chalet concerned when he was working nearby on Thursday 8 August last year. He had been installing a council branch drain so that a connection could be made at the rear boundary of the property concerned. When

he saw the raw sewage he telephoned the previous witness in Wanganui to seek advice and was told to shut off the water supply which he did. Council staff then drained the trench and removed the offensive matter. John Anderson gave further evidence that he had seen the defendant next day working in the open trench installing a waste pipe so as to make a connection with the council drain on the property boundary. The next witness, council work staff member Stephen Herewini, testified that he had helped the borough foreman drain the trench which, on 8 August last year, had raw sewage floating in it. When asked, under cross examination, as to the likely source of this sewage, witness replied that "there was no way" it could have come from any property other than the chalet concerned as the waste pipes from the second chalet had not yet reached the open drain. He also testified that he had seen defendant as well as two other adults and two children entering and leaving the building from time to time. The final prosecution witness, Kevin Mcllroy of Ohakune, gave evidence that, while working with the borough foreman on the council drain on Friday 9 August last year, he had been asked by defendant for a Y-branch connection so that he could "hook into" the main council drain. He saw defendant cutting a PVC pipe to length. Witness said defendant

had told him (because of earlier delays) "the only way he could get the council to connect the drains is to use the toilets." Counsel for defendant — who did not take the witness stand — submitted that in the evidence presented there was: no proof that his client was anything than the builder; no proof that he was the occupant of the chalet concerned; it had not been shown that he was responsible for the raw sewage and there was nothipg to show that defendant had actually done any drainlaying work by connecting the drains. Mr Cuttance said that the prosecution case was based only on "circumstantial evidence which does not tie together." Counsel for the borough, Mr Duncan Harvey, said that while separate strands of circumstantial evidence alone may not carry much weight, tied together they make for a very compelling argument. "It is also significant that defendant has chosen not to give evidence on his own INDOOR SOCCER Results of indoor soccer final games were: College White I. Ramblers 2: Karioi I. Winstones 2; Divots 2. Outsiders 2; Blix/ards 2. Old Bovs 3: College Red 6. Steinies 3: Warriors 5. Yetis 6. Final position of this league for the Waimarino United A.F.C. Indoor Soccer Trophy: 1st Yetis. 2nd Warriors. 3rd College Red. 4th Steinies. 5th Old Boys. 6th Bliz/ards. 7th (Draw) Divots & Outsiders. 8th Winstones. 9th Karioi. 10th Ramblers, I Ith College White. The next round commences on Wednesday 10th September. Entries must be in by this date. Entry forms can becollected from Mr J. King. 34 Miro Stret. Ohakune. Tel. 58-390.

behalf so that he could be cross-examined," said Mr Harvey. In his summing up Judge Unwin said that only in respect of the second charge - that of committing or permitting a dwelling to be occupied so as to cause a nuisance - did the circumstantial evidence require him to make "a quantum leap forward" and this charge was therefore dismissed. On the other two charges however - that of doing drainlaying work while not being the holder of a relevant certificate and disposing of wastes in a manner so as to be offensive and potentially injurious to health - he found the information established and the defendant guilty. On the first charge defendant was convicted and Ordered to pay costs of $35 and solicitor's fees of $75. On the other charge he was convicted and fined $100, court costs $35, ordered to pay $75 solicitor's fees and $16 witness expenses.