Ohakune District Court

Waimarino Bulletin, Volume 6, Issue 250, 12 July 1988, Page 15

Ohakune District Court

The following cases were heard by Judge E.W. Unwin in the Ohakune District Court last Friday. Detective Sergeant Harold Malialieu of Taihape appeared for the police prosecution and Traffic Officer Ian Harrison of Ohakune appeared for the MoT. Disqualified driver Claus Joseph Becker, 32, painter of Rangataua pleaded guilty to a charge of driving while disqualified in Piwari Street, Rangataua, on July 2. Defendant who had been disqualified from driving for six months at a Taihape District Court sitting only a month earlier, was seen by a traffic officer to be riding a 5 0 c c motorcycle without a helmet on the day in question. He was sentenced to 50 hours community work and disqualified from driving for 7 months. Counsel: P. Brown. Plea change Zane David Cadwallader, 25, shearer o f Raetihi, was to have defended two charges of burglary and one charge of possession o f cannabis leaf. However, when he appeared fast Friday, he changed his plea to guilty on the two burglary charges and the charge of possession of cannabis leaf was withdrawn by consent. On the two guilty pleas he was convicted and remanded on bail to appear in the Ohakune District Court on October 12 for a probation officer's report and sentence. Charge withdrawn James Turuhia Edmonds, 41, farm manager of Raetihi, was to have faced a charge of receiving a bridle valued at $75 but police decided to withdraw the charge after consultation with defendant's legal counsel: D.G. Harvey. Report delayed Charmaine Larisha Green, 26, solo parent of Raetihi, was to have been sentenced on a charge of having fraudulently used electricity following her conviction last month after a defended hearing and remand for a probation officer's report and sentence. However, because of other commitments, the

probation service has not yet been able to prepare such a report and defendant was remanded for a further month until August 5 to appear for sentence. Careless use Peter Anthony Hartnell, 27, driver of Auckland, was convicted and fined $300, court costs $65 on a charge of careless use of a motor vehicle in a non-injury accident at Makatote Viaduct on SH4 on April 4. Remanded Phillip Gerry Hiroti, 28, unemployed shearer of Raetihi, was remanded to appear in the Wanganui District Court on October 8 to defend one charge of driving with excess breath alcohol and one charge of driving while disqualified, details of which were not available to the Ohakune District Court. Counsel: D.G. Harvey. Driving charges Timothy James Horne, 19, unemployed o f Raetihi, pleaded guilty to a total of f o u r charges including: driving a motor vehicle with no WoF; driving a motor vehicle without ever having had a driver's licence; driving a motor vehicle that was not licensed; driving a motor vehicle that did not have a hand-brake. These charges arose out of defendant being stopped by a Traffic O f ficer in Seddon Street, Raetihi, on March 26 while driving a Ford Falcon. For driving without a driver's licence he was convicted and fined $100. On the charge of driving a vehicle without a hand-brake and one the charge of having no WoF he was convicted and fined $50 on each conviction, payment to made at the rate of $10 per week. He was disqualified from driving for three months. No licence Georgina Pixie Kiri, 34, shed hand of Raetihi, pleaded guilty to one charge of driving never having had a driver's licence and one charge of driving a motor vehicle which

did not have a current WoF. Court heard how defendant had been driving the same vehicle (a Ford Falcon mentioned in the previous case) on April 12 when she was stopped by a traffic officer. She told the Court that she had since applied for a driver's licence and would be sitting the test on the 25th of this month. She was convicted and fined $75 on the first charge, and $25 on the second charge. She was disqualified for 14 days and ordered to pay the fines at $10 per week. Conversion Karl John Kuhar, 25, labourer of Ohakune, pleaded not guilty to a charge of converting a Ford Falcon utility valued at $7,000 on May 14. He was remanded on bail to appear in the Ohakune District Court on September 15 for a defended hearing. Counsel: P. Brown. Alcohol, careless use Rose Vicki Lucas, 26, solo parent of Taihape, pleaded guilty to one charge of driving with excess breath alcohol and one charge of careless use of a vehicle in Ruapehu R o a d , Waiouru, on April 14. She was convicted and sentenced to 60 hours community work and disqualified from driving for 6 months. Counsel: D.G. Harvey. Firearm possession Darryl Shaun McLeod, 25, garden hand of Raetihi, pleaded guilty To one charge of possession of firearms and one charge of stealing a motor vehicle. On the firearms charge Court heard how defendant's father had left one .303 calibre BSA rifle, one shotgun (loaded) and two .22 calibre rifles in defendant's house when he (the father) went t o collect firewood. Defendant was "horrified" to think what may have happened to his wife and children when the police told him the shotgun was loaded. On the second charge Court heard of a

"complicated chain of transactions" involving a Toyota Corona, a Ford Falcon valued at $3,500 (the vehicle defendant was charged with stealing) and a number of car owners in both the North Island and Christchurch. "But there was no way my client would think he could get away with such an unsophisticated series of transactions," said his counsel, Mr D.G. Harvey whose offer to pay the $3,500 from a trust account he was holding for defendant was accepted by the Court. In addition it was agreed that both the Toyota Corona and the Ford Falcon be returned to their rightful owners, the latter in Christchurch. Defendant was remanded on bail to appear in the Ohakune District Court on August 5 for a probation officer's report and sentence to see if there were other claims to be met in relation to the two vehicles. Hunting charge Whetu Marama Mark Mareikura, 25, unemployed of Ohakune, was remanded on bail without plea on four charges including: hunting native bush pigeons; possession of four native bush pigeons; destroying absolutely protected wildlife namely native bush pigeons and possession of a .22 calibre rifle for other than some lawful, proper and

sufficient purpose on May 6. At the request of his counsel defendant was remanded on these and some traffic offences which occurred in 1981 (the details of which were not available to counsel last Friday), to appear in the Ohakune District Court on August 5. Counsel: J. Rota of Wanganui. Resist & assault William Peter Pikari, 25, scrub cutter of Raetihi, was to have appeared on a total of five charges relating to an incident on May 6. The charges include: wilful trespass at the Ruapehu Hotel in Raetihi; resisting police constable Wayne Mills in the execution of his duty; assaulting police constable Wayne Mills; resisting police constable John Robinson in the execution of his duty; and assaulting police constable John Robinson. When defendant failed to appear a warrant for his arrest was issued. Adjourned Ronald Gordon Remnant, 41, contractor of Tauranga, requested by letter that the charge of careless use of a motor vehicle on SH1 (Desert Road) on February 21 be adjourned until next month. The request was granted and defendant is to appear in the Ohakune District Court on August 5. Motel assault Stuart Ian Roke, 26,

farm manager of Ohakune, pleaded guilty to a charge of assaulting Kevin Rae Pepperell in Masterton on May 18. Court heard how defendant, who had gone to Masterton with some companions to attend the Golden Shears, had seen another friend's car outside a motel unit and, thinking the other friend would be occupying that unit, had knocked on the door which was opened by complainant's wife. As defendant was enquiring about the whereabouts of his friend whose car was outside, one of defendant's companions chose, at that moment, to charge him from behind in what was described as a playful rugby tackle which catapulted defendant into complainant's wife who in turn was knocked to the floor of the unit. Her husband, Kevin Rae Pepperell (the complainant), not having seen the earlier 'action' thought that his wife was being attacked and accused the defendant of just that after going to his wife's assistance. As defendant was trying to explain what had happened a scuffle ensued while led to the complainant bring the charge of assault. Court heard how defendant the following morning had gone to

the police station to explain the chain of events and had also returned to the motel unit to apologise only to find that the complainant and his wife had already left. Defendant was convicted and fined $300, court costs $65 with an order that the fine be paid to the complainant. Counsel: P. Brown. No licence Richard John Te-Ua, 26, builder's labourer of Ohakune, pleaded guilty to a charge of having no driving licence when he was stopped in Conway Street, Ohakune, on April 20. Defendant, who has since taken and passed i his driving test and now has a full driving licence, was convicted and fined $100 with no Costs being imposed. No licence A 15-year-old Ruapehu College student was charged with driving a motor vehicle never having had a driver's licence. In giving his evidence Traffic Officer Ian Harrison told the Court that it was his belief that the charge arose out of a genuine misunderstanding by the defendant who was in possession of an old Road Code which allowed a person over 15 years of age to learn to drive without passing a preliminary theory test 1 Turnpage 16

Ohakune District Court

from page 15 providing they were accompanied by a licensed driver. He pointed out that since August last year the new Road Code stipulates that a learner driver must first sit and pass a theory test before being able to drive a vehicle. The Court accepted this explanation and defendant was convicted and discharged with the advice that he should apply for a driving licence as soon as possible using the new Road Code. Exceeded weight Nationwide Horse Transport of Palmerston North was charged with exceeding the

gross weight of a horse float with two polo horses aboard. Court heard the MoT had stopped and weighed the northbound horse float at Turangi as it was travelling between Palmerston North and Auckland and found it to be 600 kgs over the weight specified on the vehicle's licence. "Tell me why your horses were overweight" said Judge Unwin to Mr Morris, an agent for the company who had come from Auckland to explain the circumstances. He told the Court that his company was taking these two polo horses to Auckland to catch a flight to the UK and were therefore car-

rying a lot more gear than would be expected for domestic transport. He explained it was not possible to weigh every horse individually and for that reason all horse transport companies and airlines used a rule-of-thumb weight of 400kgs per horse, which, for practical reasons, was accepted as an average weight for this type of animal. The Court accepted this explanation and fined the company $100. No licence The final case to be heard in Court last Friday was to have been a defended charge of 'never having had a driver's licence' against a defendant who pleaded not guilty at last month's sitting. Defendant had claimed then that he had held a driver's licence some 18 years ago. Before hearing what was to have been the first defended case of the day last Friday, Judge Unwin decided to take a 15-minute adjournment and the Court was duly cleared. Quarter of an hour later the Court reassembled: judge, court staff, prosecution, legal counsel, press and public only to hear that a search of the Borough records for the issue of driving licences over the past 15 years had failed to reveal defendant's name but, since that was as far as the records went back, there was no evidence to show that defendant had not earlier held a driver's licence. It was agreed that since the case could not be proved either way it was decided to amend the charge to: 'not having a current driver's licence' and, since he had already been convicted and fined $350 on other charges arising out of the same incident at last month's sitting, defendant was convicted and discharged "That was heady stuff" commented Judge Unwin as proceedings closed for the day after a hearing that had taken about as long as the recent Tyson v Spinks heavyweight fight. Counsel: D.G. Harvey.