OHAKUNE DISTRICT COURT

Waimarino Bulletin, Volume 5, Issue 15, 8 September 1987, Page 6

OHAKUNE DISTRICT COURT

The following defended case was heard by Judge P.J. Toomey in the Ohakune District Court on Thursday 27 August. Police Sergeant Neil Coker of Ohakune appeared, for the prosecution. ★★★ Emmahuel Howe, 22, forestry labourer of Ohakune, appeared to defend a charge of theft and-or receiving laid in the alternative. Defendant was alleged to have either taken a onelitre bottle of liqueur valued at $41 from Waimarino Wines in Clyde Street Ohakune on 7 May or received the liqueur together with a bottle of Gosset champagne on the same date. Court heard how defendant, with three associates, had entered Waimarino Wines to have a look around and when they left the premises the two bottles in question were found to be missing. A short time later, defendant and his associates

were found by police, consuming the contents of the two bottles in the children's playhouse at Jubilee Park. The first prosecution witness was Gilbert Akeroyd, manager of Waimarino Wines. He said that he saw four youths enter the shop on the evening of 7 May and observed defendant in the area of the liqueurs while the others were observed near the champagnes. After the group had left the shop a little girl opened the door to tell witness that the group were seen to be carrying bottles. On checking the stock on display witness at once noticed a one litre bottle of liqueur missing (it had been the only one in the shop) together with a bottle of Gosset pink champagne. He saw the group walking round the Ohakune Hotel corner into Raetihi Road and called the police. Witness was shown the two bottles which were produced as evidence in Court. He was able to

identify both bottles particularly the Gosset pink champagne as he was the only stockist within 200 miles. He told the Court that stock had previously disappeared under similar circumstances. Sergeant Neil Coker was the next prosecution witness. He told the Court that on receiving a telephone call from the previous witness he had gone to Jubilee Park where he found defendant and six or so other persons in the children's pole house with a partially consumed bottle of liqueur and Gosset champagne. On questioning the group, witness said that defendant admitted the liqueur was his. No-one claimed ownership of the champagne. Defendant admitted however that he had consumed some of the champagne. Witness then asked defendant and two other members of the group to accompany him to Waimarino Wines where the manager was able to identify both bottles.

At the police station later, defendant said that he'd bought the liqueur at Waiouru Hotel some two weeks earlier but was unable to remember how much he had paid for it. The defendant himself then gave evidence. He said that he had been in the Ohakune Hotel from about 1 11.30am until after 5pm when he went to the wine shop across the road to "have a look around and have a rest from the pub." Under cross-examination defendant admitted telling the police that he had bought the liqueur in Waiouru but this was not true ... he didn't know whose liqueur and champagne it was. Defendant was asked: "What were you doing browsing around a wine shop ... do you know anything about wines?" "No" "Do any of your friends know anything about wines?" "You'll have to ask them," replied the defendant. In his summing up Judge

Toomey said that the evidence produced in Court had clearly established that defendant had stolen the liqueur, and because he had admitted consuming some of the champagne, he was also guilty on the charge of receiving. He was convicted and remanded to appear in the Ohakune District Court on 24 September for a probation officer's report and sentence. Counsel: P. Brown. ★ ★★