OHAKUNE DISTRICT COURT

Waimarino Bulletin, Volume 6, Issue 243, 24 May 1988, Page 6

OHAKUNE DISTRICT COURT

The following cases were heard by Judge E.W. Unwin of Wanganui in the Ohakune District Court last Thursday. Police Sergeant Neil Coker of Ohakune appeared for the prosecution and Traffic Officer Dave Dowsett of Turangi appeared for the MoT. Excess breath alcohol John Abraham, 58 self-employed builder of Karioi, pleaded guilty to a charge of driving with excess breath alcohol on SH49 at Rangataua on 14 January. In passing sentence Judge Unwin said that he recognised defendant was a mature driver facing his first offence and realised that the impact of a drink-driv-ing conviction in a rural area would weigh more heavily than in a metropolitan area because of lack of alternative public transport. Defendant was convicted and fined $350, court costs $65 and disqualified from driving for 6 months. Counsel: D.G. Harvey. Error of judgement Malcolm Stuart Ayers, 23, soldier of Waiouru

on December 10 last year. Court heard how defendant had caused a minor injury accident at the intersection of Foley Street and Recreation Drive in Waiouru when his vehicle had struck a cyclist while turning. There was no suggestion of speed or careless disregard for other road users but it was rather an error of judgement. Defendant had already paid the owner of the bicycle $250 to cover the cost of repairs. He was convicted and fined $135, court costs $65. Counsel: D.G. Harvey. Car conversion Phillip Henry Bowring, 28, unemployed labourer of Raetihi, was to have appeared on two car conversion charges. He had been charged that he converted a Holden Kingswood valued at $4,500 for his own use on March 3 and had then converted another Holden Kingswood valued at $10,000. When he failed to appear a warrant for his arrest was issued. Counsel: D.G. Harvey. Drunk driving Ross James Burrows, 22, ski mechanic of Ohakune but presently

residing in Australia, pleaded guilty by letter through his counsel to one charge of driving with excess blood alcohol and one charge of careless use of a motor vehicle. The charges related to an incident at the Miro Street/Shannon Street intersection in Ohakune on October 6 last year. On the charge of driving with excess blood alcohol he was convicted and fined $300, court costs $65 and ordcred to pay DSIR fees of $54 and mcdical expenses of $82. On the careless use charge he was convicted and fined $100. An 8-month period of disqualification was imposed. Counsel: D.G. Harvey. Burglary Zane David Cadwallader, 25, shearer of Raetihi, was to have appeared following av remand without plea to a burglary charge at last month's hearing. However, since he had also been remanded to appear on July 8 for a defended hearing on two other charges it was agreed that there may have been some confusion about his obligation to appear last week so that a plea could be taken. His counsel was asked to

advise defendant to appear at next month's sitting so that a plea could be taken prior to his appearance in July for the defended hearing. Theft of keys Martinus Dekker, 30, of Raetihi, appeared for a defended hearing on a charge of stealing two keys valued at $7.50 from Graham Taylor Motors on November 25, 1987. Court heard how defendant had, after a long-standing conflict with the complainant, thrown a set of keys onto the ground five metres from complainant. The keys had not been recovered. In dismissing the charge Judge Unwin said that in order to prove theft it had to be established that defendant intended to deprive owner of the property permanently - "like throwing the keys into the middle of Lake Taupo" - but this had not been the intention in this case. Counsel: D.G. Harvey. Numerous charges Henry Lewis Haitana, 28, of Raetihi but presently residing in Taupo, was remanded to appear for sentencing in the Ohakune District Court on May 24 on a

number of charges to which he had pleaded guilty in February. The charges included wilful trespass, refusing to leave licensed premises and resisting a constable in the execution of his duty. The terms of his remand included the condition that he observe a 7pm-7am curfew and the he not visit either Raetihi or Wanganui during the remand period. Threat to injure Phillip Hamley Ellery, 28, labourer of Ohakune, pleaded not guilty to a charge that on February 23 he intended to intimidate Brett Ardron Jones by threatening to injure him. He was remanded on bail to appear for a defended hearing in the Ohakune District Court on May 24. Counsel: P. Brown. Disorderly behaviour George Lee Hemara, 19, garden hand of Ohakune, pleaded guilty to two charges: behaving in a disorderly manner in a public place and, being a person under 20 years of age, was on licensed premises, the Ohakune Hotel, on April 13. A third charge of causing intentional damage to

property was withdrawn. Court heard how defendant had been consuming the contents of a bottle of spirits (which an associate had bought from the hotel bottle store) in the public bar of the hotel. When the bottle was confiscated by the publican and the contents poured out defendant had been asked to leave but instead had thrown glasses and jugs. In passing sentence of immediate payment of fines of $175, court costs $65 and $100, court costs $65 in respect of the two charges, Judge Unwin told defendant it was about time he grew up and realised his responsibilities "this is your fourth conviction for being on licensed premises as a minor." Counsel: P. Brown. Careless use Sam Augustus Ingley, 17, shed hand of Te Awamutu, pleaded guilty to a charge of careless use of a motor vehicle causing injury. Court heard how defendant had been riding a motorcycle lOkms south of Raetihi on November 26 last year with his 13-year-old cousin, Carol Sarich, as pillion passenger. Nei-

ther were wearing safety helmets. Defendant had hit an oncoming truck the driver of which had tried to avoid a collision by steering the truck into the ditch but collision had occurred. Both defendant and his passenger suffered extensive injuries and were not released from hospital until mid- January this year. Because defendant was still undergoing treatment as an out-patient he was remanded to Te Awamutu District Court on a date to be set for a report to determine if he was eligible to undertake a periodic detention sentence. Counsel: P. Brown. Driving while disqualified Barry Kimura, 32, unemployed of Raetihi, pleaded guilty to a charge of driving while disqualified in Seddon Street, Raetihi, on March 29. Because this was defendant's second conviction on a driving while disqualified charge he was convicted and sentenced to 4 months non-residen-tial periodic detention, and disqualified for a minimum period of 18 months but indefinitely thereafter until he applied to and was autho-

OHAKUNE DISTRICT COURT

rised by the secretary of transport to drive again. He was also ordered to take 9 months alcohol treatment and counselling under supervi-

sion. Counsel:

D.G.

Harvey.

Five charges Wati Makiri, 48, described as a bushman of Coromandel in the charge sheets but now residing permanently in Auckland, faced a total of five charges. These included one of indecent assault on a female, one of assaulting a female, one of burglary, one of wilful damage to a building to the value of $873, and one of wilful damage to property to the value of $800. A1 the charges related •to an incident in Raetihi on December 22 last year. Defendant had earlier pleaded not guilty and had elected to defend these charges under the jurisdiction of the Ohakune District Court but when he appeared last week he changed his election to trial by jury. Judge Unwin said he believed defendant was 'playing the system' but he could not deny him that right to choose the method of trial. Judge Unwin apologised to the six witnesses, some of whom had come from Auckland and Coromandel to give evidence saying that this was not the first time an irresponsible defendant had "mucked the Court system around and caused costly inconvenience to witnesses." Defendant was remanded on bail for the taking of depositions on June 15 and ordered not to visit Raetihi or make contact with his wife and daughter or any of the witnesses during the remand pe-

riod. Counsel:

D.G.

Harvey.

Assault

Thomas John Tui Martin, 31, unemployed of Pipiriki, appeared for sentence following his conviction last month on one charge of assaulting a police constable and one charge of behaving in a disorderly manner in Wanganui on March 15. He had been remanded for a month for a probation officer's report and sentence. Judge Unwin agreed with the probation report that defendant's actions were out of character as a result of alcohol and as he was a first offender and responsible for the welfare of two children in Pipiriki, a custodial sentence would not be imposed. On the charge of assault he was sentenced to 200 hours community work. On the disorderly behaviour

charge he was convicted and discharged.

Counsel:

P.

Brown.

Burglary John David Frederick Pikari, 29, unemployed of Ohakune appeared on four charges of burglary and one of converting a 10-speed bicycle valued at $250. Court heard how defendant had broken into and entered the Lions Den building in Arawa Street, Ohakune, on three separate occasions and stolen beer from a locked cupboard. On another occasion he had entered a ski chalet and stolen three bottles of spirits and he had taken the 10-speed bicycle in order to ride to Raetihi to attend a party. In the interests of protecting the community Judge Unwin was at first considering a custodial sentence but following strong pleas from defendant's counsel, the probation officer Mr Ellis and periodic detention supervisor Mr Mills it was agreed that a term of imprisonment would not be suitable for this defendant. Instead, by agreement, it was decided to remand him for a probation officer's report and sentence to June 10 and to place him the care of Mrs Taiaroa of Raetihi, meanwhile on condition that he observes a 7pm to 7am curfew, that he not visit Ohakune nor any licensed premises during the remand period.

Counsel:

D.G.

Harvey.

Remanded

William Peter Pikari, 24, of Raetihi, was remanded on bail to appear for sentencing in the Ohakune District Court on July 8 on a number of charges to which he had pleaded guilty in February. Conditions of the remand included a 7pm7am curfew at Ward Street, Raetihi, an order that he not enter licensed premises and neither acquires or consumes alcohol during the remand period. Counsel: P. Brown.

Assault

Piki Lois Pui, 25, solo parent of Raetihi, appeared for sentence following her conviction last month after a defended hearing on one charge of assaulting a police constable. She was sentenced to 180 hours community service. Counsel: D.G. Harvey.

Receivina

Steven Charles Pui, 17, market garden labourer of Raetihi, pleaded guilty to a charge of receiving a Tshirt valued at $22.50 knowing it to have been stolen or dishonestly acquired. Court heard how defendant and an associate had gone into Bowers Electrical in Raetihi on January 21 from where the associate had

taken the T-shirt. He was convicted and fined $100 to be paid at the rate of $20 per week or face a 14-day prison sentence in de-

fault. Counsel:

P.

Brown.

Disorderly behaviour

Te Whakawhiti Raharuhi, 25, solo parent of Ohakune, pleaded guilty to one charge of behaving in a disorderly manner and one charge of causing intentional damage to property. Court heard how defendant had obtained a bottle of spirits from an associate who had bought it at the Ohakune Hotel bottle store and then consumed part of the contents in the public bar of the hotel. When asked by the publican to leave, the publican had confiscated the bottle and poured the remaining contents down the sink at which point the defendant started throwing glasses and jugs and a billiard cue which broke a fluorescent light. Defendant's counsel submitted that the publican's action in pouring the contents of the bottle down the sink was provocative and whilst this in no way excused the subsequent behaviour of the defendant it was a possible explanation. Had the bottle been returned when the defendant left the hotel, counsel argued there might not have been a court case to answer. Defendant was convicted and fined $175, court costs $65 and ordered to make reparation of $100. Payments were to be made immediately or a prison term would be imposed. Counsel: D.G. Harvey.

Driving disqualification

Barry Richards, 23, of Raetihi for whom a warrant for arrest was issued last month following his failure to appear to face three charges including driving without a driving licence, driving a defective vehicle and driving a vehicle which had no WoF, was disqualified for three months and ordered to pay fines totalling $310 when he appeared last week. Court was told that the fines had already been paid and the warrant was discharged.

cannabis possession

Elizabeth Richards, 22, unemployed of Raetihi, appeared for sentence following a charge of possession of cannabis to which she had pleaded guilty last month. She had been remanded for a probation officer's report and sentence. In sentencing her to three months non-resi-

dential periodic detention Judge Unwin said it was obvious that defendant had been involved with drugs for some time and there was a considerable amount of cannabis involved. He advised her to "kick the habit because those with a dope habit are dopes."

Vehicle related charges

Jodianne Frances Riddell, 18, shed hand of T aihape, appeared on three charges brought by the MoT. She was remanded at large to appear on June 9 on one charge of driving a motor vehicle without a driving licence in Goldfinch Street, Ohakune, one charge of careless use of a motor vehicle in Goldfinch Street and one charge of failing to fumish a name and address when requested to do so by a traffic officer. The three charges related to offences which occurred on February

13. Counsel:

P.

Brown.

Threatening behaviour

Pauline Tina Taiaroa, 26, shed hand of Raetihi, appeared for sentence following her conviction last month after a defended hearing on one charge of behaving in a threatening manner and one charge of intentionally obstructing a police constable in the execution of his duty. She was sentenced to 120 hours community service and ordered to pay $32 witness expenses.

Assault charge

A 29-year-old male from Raetihi was sentenced to 12-month's imprisonment on three charges of assault relating to a "domestic incident" to which he had pleaded guilty at last month's hearing in the Ohakune District Court. Counsel: P. Brown. Domestic

incident

A 28-year-old female from Raetihi was sentenced to 200 hours of ( community service on a charge of assault relating to a "domestic incident" to which she had pleaded guilty at last month's hearing in the Ohakune District Court. Counsel: D.G. Harvey.

COURT COMMENT

When Kim Young & Sons Ltd were due to appear on a charge of a faulty hubdometer reading, Court heard that it was possible defendant had not received the summons. Judge Unwin said that, since the charge had been laid one month and 14 days earlier, it was reasonable to expect that the post would have reached Ohakune from Huntly by then ... just!