DISTRICT COURT

Waimarino Bulletin, Volume 6, Issue 260, 25 October 1988, Page 4

DISTRICT COURT

The following defended case was heard by Judge E. W. Unwin in the Ohakune District Court earlier this month. Police Sergeant Russell England appeared for the prosecution. Emanuel Haitana, 23, unemployed of Raetihi, appeared to defend a charge of assault with the intention of obstructing a police constable in the course of his duty on September 29. It was a charge to which he had earlier pleaded not guilty in the Wanganui District Court. The charge arose out of an incident in which defendant was alleged to have attempted to prevent a police constable from arresting defendant's cousin in the Oasis Hotel, Waiouru. The first prosecution witness was Wayne Byss, bar manager of the Oasis Hotel who said that, as a result of being told something by another member of staff he had spoken to some patrons, including defendant and two friends, about a glassthrowing incident in the public bar. When the three patrons denied a n y knowledge of the incident witness asked someone who had been present in the public bar at the time to identify the glass thrower. A cousin of the defendant was identified as the person responsible. Witness then 'flagged down' Waiouru Police Constable K e i t h O'Donnell who happcned to be driving past the hotel and after the offender had been positively identified he was told he was under arrest on a charge of disorderly behaviour. Witness told the Court that he saw the offender pick up a pool cue and take a swing at the constable's head. The constable deflected the cue with his arm but the cue broke and part of it struck the constable on the head. Witness said that he then went to a s s i s t Constable O'Donnell and between them they were able to get the offender on the floor so that handcuffs could be applied. At this point defendant got involved and placed himself between the offender and the constable and as the group moved towards the exit door "the defendant was among us", said witness. Asked what defendant was doing at the stage, witness said that: "He certainly wasn't helping us." Under cross examination witness said that the incident occurred at about 5pm and that the

defendant and his drinking companions had been in the public bar for about four hours. According to the witness defendant was by then 'fairly intoxicated'. Asked to describe the degree of intoxication, witness replied, "To the cut-off point . . . meaning that he would have been refused another drink had he asked for one." The second prosecution witness was Waiouru Police Constable Keith O'Donnell. He told the court that he had been driving past the Oasis Hotel at about 5pm on September 29 when he was invited by the previous witness to make some enquiries about a glassthrowing incident in the public bar. After a female patron identified the person responsible, the offender was told that he was under arrest and should accompany witness to the police car outside. Witness said that offenders' reaction was to pick up a pool cue and "take a swing at my head." Witness managed to deflect the blow with his arm and the pool cue broke, part of it hitting witness on the back of his head. Witness said that he then wrestled the offender to the floor to restrain him, while he was attempting to apply handcuffs, had felt himself pulled back from behind by One of the arrested offender's associates who was trying to pull t h e offender away. Witness said that he fell back against a leaner as a result o f being pulled but he hadn't been able to see who had been responsible as his attention was on the arrested offender. However, as he and the offender moved towards the door with the help of the bar manager, the defendant was attempting to prevent his cousin from being removed from the bar to the police vehicle outside. The defendant Emmanuel Haitana, was then called to the witness box to give evidence on his own behalf. He said that he had consumed only "three or four" bottles of beer in the four hours he had been in the hotel and that there were five people in his group not three as claimed by the prosecution witnesses. Under cross examination he said that h e was sitting down during the struggle when the constable was attempting to arrest his Turn page 6

OHAKUNE

DISTRICT COURT

From page 4 cousin and was not annoyed that his cousin was being arrested "because it was his own fault." In his summing up Judge Unwin said that while he was impressed by the reliability of the prosecution witnesses testimony he couldn't say the same about the manner in which defendant gave his evidence. However, as neither prosecution witnesses has been able with absolute certainty to identify the defendant as the person who had pulled the police constable away from the arrested offender, there was an element of reasonable doubt and the charge could not be established. The charge was therefore dismissed. On another charge of intentionally obstructing a police constable in the execution of his duty outside the hotel as offender was being

led towards the police (following the incident described above), defendant pleaded guilty. He was convicted and fined $250 and ordered to make immediate payment or face a 42day term of imprisonment. Counsel: Jim Rota of Wanganui.

Ohakune Gardeners

An Ohakune Garden Club meeting was held at the home of Merrilyn George recently. Flower Competitions results: Collection of Spring Flowers; 1st Dot Barnes, 2nd Ellen Samson, 3rd Merrilyn George. Tulip; 1st Sue Deadman, 2nd Merrilyn George, 3rd Merrilyn George. Shrub o f Choice; 1st B e a Barnes, 2nd Sue Blackburn, 3rd Merrilyn George. Flower o f Choice; 1st Dot Barnes, 2nd Dot Barnes, 3rd Sue Pearson.