Ohakune District Court

Waimarino Bulletin, Volume 4, Issue 48, 19 May 1987, Page 10

Ohakune District Court

The following defended cases were heard by Judge Rabone of Wellington in the Ohakune District Court on 7 May. Police sergeant Neil Coker of Ohakune appeared for the prosecution. Phillip Gerry Hiroti, 29, shearer of Raetihi, appeared on a charge of using threatening language in a public place. This was a charge he

denied and to which he had pleaded not guilty at the March sitting of the District Court. The first prosecution witness, Traffic Officer lan Harrison of Ohakune, described how defendant had approached him outside the Raetihi Borough Council offices in Duncan Street on 9 March to ask witness if he (Traffic Officer Harrison) had issued a driving offence notice in his (defendant's) name. When told that such a notice had been issued, witness said that defendant asked for his name to be removed. When witness told defendant that this could not be done, defendant was alleged to have said: "If you don't remove my name from the ticket ril punch your head in." Witness said that defendant appeared agitated and he (witness) felt threatened.

The next prosecution witness, Jamie Proude of Raetihi, said that he happened to be nearby at the time and heard the remark being made. Sergeant Neil Coker then gave evidence saying that he had later interviewed defendant in the carpark behind the Ohakune Hotel. According to witness defendant was alleged to have said that he thought Traffic Officer Harrison had "overstepped the mark"but, because defendant appeared intoxicated, the interview was not continued. Defendant, who was not legally represented, then called his witness, Renee Bloxham. She testified that she had been seated in a van which had been parked across the road from the Council Chambers on the day in question. She said she saw defendant and Traffic Officer Harrison talking on the footpath outside the Council Chambers in Duncan Street. In her evidence she said that she heard defendant say: "whoever uses my name T11 kick his head in when I see him." According to witness defendant had turned away from the traffic officer and was walking towards the van when these words were spoken. In his summing up Judge Raybone said that three elements had to be fulfilled in order for the charge to be proved: 1. that the words stated in the charge had been used; 2. that the words had been used in a public place and;

3. the words used had been intended to threaten. Judge Rabone said that the first two charges had not been denied and were therefore proved as was the third but the seriousness of the offence was mitigated by the fact that defendant was walking away from the complainant when the words were spoken so the traffic officer was not under any immediate threat. Defendant was convicted and fined $45, court costs $55 and ordered to pay $25 witness expenses. ★ ★ ★ Tony Leslie Paris, 17, student of Rangataua, appeared on a charge of using insulting language on 23 February being reckless whether any person was alarmed by those words. This was a charge to which he had earlier appeared and pleaded not guilty at the March sitting of the District Court. He was represented in Court by legal counsel, Mr Paul Brown of Taihape. The first prosecution witness, Helen Gordon of Rangataua, said that she had seen the words complained of written on the window of the Rangataua Hall after they had been drawn to her attention by her own 10-year-old son who attends the local primary school. According to witness the words were written in what appeared to be a black felt pen and were "about an inch high." They were clearly legible and could be seen by anyone standing on the footpath outside the Hall including school children waiting for Contd. on page 13

Ohakune, District j Court Contd. from page 10 the school bus, said the witness, and it was some of these children who first told her son about the words. When asked how she felt about the words witness replied: "Disgusted." The second prosecution witness, police constable John Fraser of Ohakune, said that, following a complaint from the previous witness, he had gone to Rangataua and seen the words complained of written on the window of the Hall which he understood was used as a school-bus shelter. He later interviewed defendant who admitted to writing the words saying that he had done so because he was bored. After hearing submissions from defence counsel that the insulting words had to be 'in or within hearing'/ of other persons in order to constitute an offence under the particular sub-section of the Summary Offences Act under which the charge was laid, Judge Rabone agreed that the words had to be 'overheard' rather than 'written'. He believed that such words would have caused real distress to the complainant. However, in dismissing the charge he said that while the evidence produced by the prosecution had been established and that the words complained of had been written by the defendant, defence counsel was correct in law in arguing that the words were not spoken but written and therefore did not constitute an offence under the sub-section relating to the charge. Judge Rabone said that he realised his ruling may be challenged and he invited the prosecution to appeal to the High Court if they wished to do so.