Punch-up a mole hill mountain: judge

Waimarino Bulletin, Volume 6, Issue 264, 22 November 1988, Page 6

Punch-up a mole hill mountain: judge

The following defended case was heard by Judge D. Lowe in the Ohakune District Court on Thursday November 10. Police Sergeant Russell England of Ohakune appeared for the prosecution while Mr Jim Rota of Wanganui appeared as counsel for the defence.

Dean Hiroti, 27, unemployed Shearer of Raetihi, appeared on one charge of offensive behaviour and one charge of common assault to which he had earlier pleaded not guilty as well as one charge of wilful trespass to which he had lodged a guilty plea. Krishane Hiroti, 22,

unemployed Shearer of Raetihi, appeared o n two charges of common assault to which he had earlier pleaded not guilty. Because all the above charges against both defendants had arisen from the same incident at the Ruapehu Hotel in Raetihi on Saturday night October

15, the cases were heard together. The first prosecution witness was Leslie Parr, bar manager of the Ruapehu Hotel. He told the Court that soon after finishing his duties on the night in question he was called back to the hotel at about 10pm to ask the defendant Dean Hiroti to leave the public bar as he had been banned from the premises by an earlier

Court order and was therefore trespassing. Witness said that defendant complied by leaving but only stayed out for "a couple o f minutes" before returning to the public bar where he had "a couple more beers". He was then asked to leave again and he did so followed by witness who said that when they got outside there was an exchange of words and defendant "took a swing at me" with a closed fist but missed. After he had been grabbed by the shoulder witness said that he wrestled defendant to the ground and was holding him in a kneeling position when the second defendant, Krishane Hiroti, left the parked car he had been sitting i n outside the public bar entrance, ran towards witness and hit him twice, once above the eye and once over the ear. Witness told the Court that he managed to grab Krishane Hiroti and pull him down over his brother Dean Hiroti where he held them both until Ray Parr, father of the witness and licensee of the ho-

tel came to his assistance. Knew Defendant Under crossexamination witness said that he knew the defendant Dean Hiroti well and admitted to having had trouble with him before. He told the Court that when he followed defendant out of the public bar the second time he was asked to leave, his father, Ray Parr, had said: "Don't waste your time... let the police deal with it". The second prosecution witness was Ray Parr, licensee of the Ruapehu Hotel. He told the Court that he was working in the top bar on the night of October 15 when he was told the defendant Dean Hiroti, who he knew to be banned from the hotel for more than a year, was drinking in the public bar. Witness said that he told his son Leslie (the bar manager and previous witness) to ask defendant to leave the hotel. Defendant left but returned five minutes later. Again he asked his son to tell defendant to

leave and he heard defendant invite his son to "come outside and not hide behind his father and the hotel". Took a swing Witness told the court that, once outside, he saw defendant "take a swing" at his son and then a fight started. Witness said that he saw a number of people sitting in a car opposite the public bar door, so he went back into the hotel to obtain a few patrons as witnesses but as it was about 10.30pm, there were none nearby so he went outside again to help his son. He said he saw defendant Krishane Hiroti hit his son above the ear and eye while his son was holding the other defendant Dean Hiroti on his knees and when he went to pull Krishane Hiroti away from Dean and his son he had his jacket ripped in the struggle with Krishane "who started attacking me". He then went back into the hotel and rang for the police. The third prosecution witness was police Constable Wayne Mills based at Raetihi at the time of the incident. He told the court that in response to a call at about 10.40pm that night he went to the

Ruapehu Hotel and saw a group of people standing on the footpath outside the public bar. After speaking to the two previous witnesses Ray and Leslie Parr, he went round the corner of the hotel to search for the two defendants and found them, clearly intoxicated, arguing with some of their friends. They were asked to accompany witness back to the Raetihi police station but both refused to sit quietly and answer questions and at one point the defendant Dean Hiroti "put an arm near my face and tried to intimidate me". Because of their refusal to answer questions, witness arranged for both defendants to be sent to the Wanganui police cells. Under c r o s s examination witness said that ueither defendant had complained of any injuries or having had their clothes torn. Took the stand Both defendants elected to take the witness stand and give evidence on their own behalf. The first to do so was Dean Hiroti. He said that he recalled being in the hotel on the night in question Turn page 8

OHAKUNE DISTRICT COURT

Punch-up a mole hill mountain: judge

From page 6 speaking with friends and remembers being asked to leave by the bar manager, Leslie Parr, who "abused me" sayipg: "What the hell are you doing in here Hiroti?" He said he knew he had been banned from the hotel but went back in again the second time to get some mopey from a friend who was in the public bar. When he left the bar the second time witness said that the bar manager "followed me outside and started hitting me... he hit me several times around the head." Witness told the court that he saw the licensee Ray Parr g o into the hotel and

come out again carrying a pool cue. Under crossexamination witness said that he did not see his brother Krishane hitting Leslie Parr on the eye and ear because "Leslie Parr was getting stuck into me." He denied inviting Leslie Parr outside the bar for a fight and claimed that while he had suffered a bruise on the hand and lump on the head, he hadn't mentioned these injuries to Constable Wayne Mills at the Raetihi police station because "he didn't want to listen to me." He admitted to drinking a "couple of Steinlargers" at the Ohakune Hotel after he had finished shearing at about 5pm and then

he went with friends to the Raetihi Hotel at about 10pm. Hard head When asked why he had no injuries after claiming to have been hit at least four times around the head, witness replied "I've got a hard head." The defendant Krishane Hiroti then took the stand. He told the Court that he had just arrived at the hotel on the night in question to pick up his brother Dean and saw him come out of the public bar with Leslie Parr following. Witness said that when he saw Leslie

Parr take a swing at his brother, he got out of the car and grabbed Dean and said: "That's enough." He denied he had hit Leslie Parr twice around the head. He said that when he tried to grab Dean Hiroti from Leslie and Ray Parr they all fell over and Ray Parr then "started hitting me... he hit me at least six blows to the face." He claimed that he later saw Ray Parr come out of the hotel with "a pool stick in his hand." Under crossexamination he told the Court that he had met up with his brother and went to the

Ohakune Hotel late on the Saturday afternoon in question. He stayed until about 9.30pm and during that time drank about "half-a-dozen beers." He admitted that he might have been slightly intoxicated. Under crossexamination he was unable to explain why he had no visible injuries around the face after being hit six times (as he claimed in his earlier testimony) by a former boxing champion (Ray Parr). The third defence witness was Trevor Condon, Shearer of Raetihi. He confirmed the ev-

idence of the two previous witnesses Dean and Krishane Hiroti as to the events inside the public bar adding that when Dean Hiroti left the second time followed by Leslie Parr he heard a scuffle outside. When he got outside he saw Dean Hiroti "baled up" in a corner so he leaned over to protect him. He later claimed that he saw Ray Parr come out of the lounge-bar entrance with a "cue stick." Under crossexamination he said that when he leaned over to protect Dean Hiroti he was attempting also to restrain him because "he was a bit angry and I tried to cairn him down." The fourth and final defence witness was Peter Phillips, shed hand of Raetihi. He said he was in the car with Krishane Hiroti when they arrived at the hotel to pick up Dean Hiroti. He saw Dean Hiroti come out of the public bar followed by Leslie Parr. He claimed he saw Leslie Parr "throw the first punch" and saw Krishane run from the car and straight into the group (Dean Hiroti, Ray and Leslie Parr) who were struggling on the footpath. Mole hill mountain In his summing up Judge Lowe said that

the case was something of a "mountain made out of a mole hill." From the evidence he had heard he had reached the conclusion that the defendant Dean Hiroti had had more to drink then he had admitted to and, knowing that he was banned from the hotel, there was no reason why he should complain about the remark. "What the bloody hell are you doing in here", addressed to him by Leslie Parr in the public bar. Judge Lowe said that after hearing all the evidence he was convinced Dean Hiroti threw the first punch. He convicted and sentenced defendant to 120 hours community service on the wilful trespass charge and issued a final warning. On the charge of assault defendant was sentenced to 30 hours community service. On the remaining charge of offensive behaviour (urinating outside the public bar) he was dismissed. As for the two charges of assault against the defendant Krishane Hiroti, Judge Lowe said that he had not heard convincing enough evidence that he would be prepared to convict on either assault charge. The case against the defendant Krishane Hiroti was therefore dismissed.