Farmer In N.I. Guilty Of Sheep Stealing

Press, Volume C, Issue 29520, 23 May 1961, Page 16

Farmer In N.I. Guilty Of Sheep Stealing

(New Zealand Press Association)

NAPIER, May 22.

John Douglas Ovens, a 49-year-old Porangahau farmer, was today found guilty by a Supreme Court jury on 11 charges of sheep stealing. He was acquitted on a further five charges. Mr. Justice McGregor, who presided during a week-long hearing, remanded Ovens for sentence untjl Friday. Represented by Mr H. W Dowling, with him Mr A. K. Monagan. Ovens pleaded not guilty to the 16 charges, which involved the alleged theft of 80 sheep, of a total value of £175. He was convicted of the theft of 31 sheep, valued at £66 3s 6d. The jury returned its verdict after deliberating four hours and 33 minutes. Undisputed Fact

For the Crown, Mr R. G. Gallen said to the jury that the basic facts were not in dispute. Ovens sent 57 sheep to the sale at Waipukurau, and it was undisputed that at least eight were not his own. It was also undisputed that subsequently a muster was held at Ovens’s property, when district farmers found a fairly large number of their sheep. Neighbours had received back four or five sheep out of a muster of 1000. yet when 1200 were mustered about 120 strangers were found. "This was no mere acci. dent. It was more than carelessness. and a mistake is also out of the question,” said Mr Gallen. Poor Fencing Mr Dowling said it was only reasonable to expect, with the circumstances of poor fencing and the constant moving of sheep from block to block past Maori blocks and Maori sheep, that there would be a fairly large number of sheep from other properties among Ovens’s flocks. “You have here a man who is highly thought of in the community, a man who started off with nothing, and built up a small farm,” said Mr Dowling. “He is on the

school committee, and on the board of management of the Presbyterian Church, and has been doing his best to serve the community.

‘‘Unless you can find intention to steal the sheep other than those sent to the sale, you cannot enter a conviction,” Mr Dowling submitted.

Summing up, his Honour said the primary matter to be considered was whether accused converted the sheep to his own use. and whether he intended to steal them. Another factor was whether he did anything to further the intention to steal. The jury might think it signifi. cant that more than 100 “strangers” were on the property. The jury was able to consider the magnitude of the number of “strangers” in deciding the question of in. tent—what was in the accused’s mind?

“Does a man shift strange sheep three miles to another property when he has them at a point adjoining the properties to which they belonged?” asked his Honour. The jury retired at 1.7 p.m.