OHAKUNE DISTRICT COURT
The following defended case was heard by Judge P.J. Toomey in fhe Ohakune District Court at last month's sitting on 27 August. Police Sergeant Neil Coker of Ohakune appeared for the prosecution. ★ ★★ Cliff James Leed, 31, car worker of Raetihi, appeared to defend a charge of theft by conversion to which he had pleaded not guilty at the May sitting of the Ohakune District Court. The charge was that defendant stole by conversion (not by taking) a Miller arc-welding unit valued at $6,500 sometime between 28 June 1986 and 28 December 1986. Court h'eard how the portable 2-stroke Miller arc-welding unit belonging to self-employed contractor Robert Green had been on a truck when the latter was delivered to defendant's address in Raetihi for repairs to be carried out on 28 June last year. When the truck was later returned to the owner the arc-welding until was missing. The first prosecution witness was the owner of the Miller arc-welder, Robert Green. He gave evidence that when he left his truck with defendant the welding unit and gas set were on the truck. He said that he had later had a dispute with defen-
dant over repairs to the truck and this dispute was now in the Civil Court. •He subsequently re-pos-sessed the truck from defendant's address in Raetihi but the welding equipment was missing. He later saw the missing equipment in a shed on defendant's property and attempted to re-possess it. When that attempt failed witness said that he had gone to the police and reported that he'd seen the equipment on defendant's property. He denied, under cross examination, that the welding unit was old and dilapidated and not worth the value claimed. The second prosecution witness was Paul Eaton of Raetihi. He gave evidence that he had been in Dekker Machinery one day last year when defendant called in and attempted to sell a portable welder to another person in the shop, Mike Douglas. Witness said that he later warned Mike Douglas to be careful because he thought the arc-welder had come from Robert Green's truck. The third prosecution witness was Mike Douglas of Ruatiti Valley. He said that sometime during June/July last year he had first been approached by defendant in Reynolds Motors to see if he (witness) was interested in purchasing an arcwelder. Defendant had later come into Dekker Machinery to follow up the initial offer.
Witness said that while at Dekker Machinery he had heard an argument between defendant and the previous witness, Paul Eaton, about the ownership of an arcwelder. The fourth and final prosecution witness was Ohakune police constable, Brian Wilson. He said that, as a result of information received from Hutt Valley police he had gone to defendant's address in Raetihi on 28 December last year to execute a search warrant. He found no evidence of an arc-welder at that address and when he asked defendant about the missing property he was told to speak to defendant's wife as she knew what had happened to it. Witness said that he informed Wellington that nothing had been found as a result of his enquiries and defendant was subsequently interviewed by another police constable about the missing arc-welder. The first defence witness was the defendant himself. He gave evidence that the arc-welder belonging to Robert Green had been taken away from his address in Raetihi while he (defendant) had been in National Park on another contract. He said that he had later tried to sell another VW 4cylinder arc-welder to a previous witness on behalf of another person, Dave Fifield of Rotorua. He denied, under crossexamination, that it was Robert Green's 2-stroke
Miller arc-welder that he had been trying to sell. He said that he didn't know where Robert Green's arc-welder was since his wife told him that two men had collected it from his address while he was away. The second defence witness was defendant's wife, Natalie Leed. She testified that the Miller arc-welder had been left in the garage at her address when it was removed from Robert Green's truck so that defendant could carry out repairs to the truck. When Robert Green arrived with police to repossess the arc-welder she told them there was a lien on it until payment was made for the repairs to the truck. Police then left saying it was a civil matter. She told the Court that some time later two men came around to collect the arc-welder while her husband was away and she had let them have it because she'd already been threatened with violence over the matter. In his summing up, Judge Toomey said that the charge of theft, whether by taking or conversion, was a serious crime which had to be proved beyond doubt. "The evidence I have heard in this Court this afternoon has failed to convince me that there was any intention to commit the crime of theft and the charge is therefore dismissed." Counsel: S.J. Ross of Wanganui.
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Waimarino Bulletin, Volume 5, Issue 16, 15 September 1987, Page 16
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830OHAKUNE DISTRICT COURT Waimarino Bulletin, Volume 5, Issue 16, 15 September 1987, Page 16
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