MAGISTRATE’S COURT Charge Fails; Witnesses Declared Hostile

Press, Volume CIII, Issue 30477, 26 June 1964, Page 8

MAGISTRATE’S COURT Charge Fails; Witnesses Declared Hostile

“You may not be wet with perspiration, but you are wet through with suspicion,” Mr E. S. J. Crutchley, 5.. M., said to James Carroll Tawhiti Ngatoto Wirihama, aged 21, ' a workman, in the Magistrate’s Court yesterday.

A charge against Wirihama of burgling the premises of Hobby’s Menswear, Ltd., was dismissed. He pleaded not guilty, and was represented by Mr J. F. Burn. Te Awamahari Tuhura, who had been sentenced to two years’ imprisonment for burgling- the premises, said the accused did not accompany him to the shop. Tuhura would not answer questions about a statement he made to the police- on June 2, and the Magistrate agreed to Senior-Sergeant G. M. Cleary’s application to declare him a hostile witness.

Charles Dean Rimini, who had been fined for burgling the premises, also said that the accused was not present. His statement to the police and his evidence disagreed because the police had forced him to sign the statement He added that he could not read. He, also, was declared a hostile witness.

Martin Hobby, owner of the shop, said -that shirts; pullovers, and several' sports coats were stolen. The clothes found were similar to those stolen, but he could not say they were the same. Mr Burn said Tuhura and Rimini were both accomplices and of limited intelligence. The evidence consisted entirely of their uncorroborated evidence. “Rimini and Tuhura were not interviewed by the police until June 2, and today their memories are hazy about

that,” said the Magistrate. “They were probably just as hazy, at that time, about the burglary. It would be dangerous to convict, and the case is dismissed.” THEFT CHARGE A charge of stealing £lOO on March 9, against Ivan Hristoff Stoykoff. aged 40, an attendant, was adjourned until today after it had been part heard. Stoykoff (Mr R. G. Blunt), who pleaded not guilty, was remanded In custody. Three witnesses for the prosecution including Dobri Stbyaneff Telkleff, the complainant, gave evidence. NOXIOUS WEEDS CHARGE “I do appreciate the defendant’s frustration in clearing the land in 1957 and then seeing it reinfected from neighbouring properties,” said the Magistrate when adjourning- a charge against Reginald Walter Boscoskl, a farmer (Mr B. A. Barrer), of failing to comply with a notice to clear noxious weeds. The Magistrate adjourned the case until November 30, to enable Boscoskl to comply with the terms of the notice. Boscoskl pleaded not guilty. NO INCOME RETURNS For falling to furnish a return of income, the following were fined: John Francis Parkin, £2; Robert Edward. Adair, £6; lan Aldridge, £6;. John Forsyth Allison, £5; Donald Edward Archer, 5; Douglas Cecil Bennie, £3; Duncan Clark, 5; Nelson King, £6; Kendal Farm, Ltd., £5; Alexander Mackintosh ■and Compony, Ltd., £2; Missouri Holdings, Ltd., £5; Brendon Peter Mora, £5; Maurice Robert Neill, £6; Neilson Construction Company, Ltd., 7; Rufus William Palmer, £5; Douglas Harold Parks, £2; S.P.Q.R., Ltd., £5; Robert Turner, Ltd., £2; E. W. Walker and Company, Ltd., £2.

NO RADIO LICENCE For not having a radio licence the following were fined: Stanley Joseph Stanley, £1 (no television licence, costs); Leslie Samuel Beard, £3; Wati Garland, £3; N. Ives, £3; J. Lingham, £3: Herbert Rennie, £3; Peter Maxwell Reynlsh, £3; Thomas Riwaka, £3; Sam Tiatlta, £3.

NO- TV LICENCE The following were fined for not having a television licence: Roy James King, £2; Betty Crampton, £5: Margaret Elizabeth James, £2; R. F. McManus, £2; Timothy Mason, £5.

(Before Mr E. A. Lee, S.M.) TWO MONTHS’ GAOL

"When you appeared previously for dishonesty you were treated with considerable leniency, but it has not had much effect," said the Magistrate when sentencing Robert John Bailie, aged 33, a driver (Mr G. R. Lascelles), to two months’ imprisonment on three charges of theft.

Bailie was appearing for sentence on charges of stealing 20 bags of coal valued at £l3 10s, the property of Edgar Wilson, eight bags of coal valued at £5 Bs, also, the property of Wilson, and three coal buckets valued at £7 17s 6d, .the property of the Railways Department. A charge of stealing six coal buckets from Gordons Hardware, Ltd., was withdrawn on the application of the police. THEFT ADMITTED Heml Hoepo, aged 25, a workman, was remanded in custody to July 10 for sentence on a charge of stealing £5O from Ann Porter on May 21. He pleaded guilty. Sergeant V, F. Townshend said that the money was taken from Mrs Porter’s purse in a cupboard in her bedroom. None of the money had been recovered, as Hoepo had spent it on drink. He had 24 previous convictions.

14 DAYS’ GAOL

“These thefts are very prevalent, and hard to detect,” said the Magistrate when sentencing Nicholas Anthony Thompson, aged 22, a workman, to 14 days', imprisonment, in addition to the term he is already serving, when he appeared for sentence on a charge of stealing a bicycle, valued, at £l5. the property' of Kenneth Maxwell. Thompson was ordered to make restitution of £6 4s 6d. COMMITTED FOR SENTENCE

The Magistrate declined jurisdiction and committed Cyril Hoey Welts to the Supreme Court for sentence when Wellsappeared- for sentence on three charges of -indecent assault on boys under the age of 16 between January 5 and May 5. As Wells was to be sentenced In the Supreme Court on other charges, he would prefer that all the Charges be dealt with at the same time, the Magistrate said. PROBATION "You have been in custody long enough to see the rewards of dishonesty.” the Magistrate said when he placed Maureen Tobin and Patricia Ann Curry on probation for 12 months on three charges of theft. Tobin, aged 19, a sales assistant, and Curry, aged 20, a typist, had been convicted on three charges of theft to the value of £57 2s between December 26 and June 3. STOLE BEER

After the door of the bottle store of the Eastern Hotel had been forced and five crates of beer stolen, the police interviewed the accused, who freely admitted the burglary, Sergeant Townshend said, when Robert Walter Tawhiti, aged 24, and Steve Tawhiti, aged 22, workmen, pleaded guilty to a charge of theft on or about June 11. They were convicted and remanded in custody to July 10 for sentence. The property had not been recovered, Sergeant Townshend said. SUSPENDED SENTENCE When he appeared for sentence on a charge of theft of a silver tea set and tray worth £2O on January 1, William Benjamin Little, aged 26, a footwear operator, was ordered to come up for sentence if called on in 12 months. “There seems to be some hope of improvement,” the Magistrate said. THEFT OF BRUSHES

"It would have been remarkable if the accused had not committed the offence, because she is a simple and naive person,” Mr P. H. T. Alpers said when a woman, whose name was suppressed, appeared for sentence on a charge of stealing 20 paint brushes between January 22 and May 13. "Although she had no use for the brushes, she took them because, she saw other people doing the same,” he said. . The woman was fined £5.

The husband of the woman, whose name was also suppressed, appeared for sentence on a charge of receiving stolen goods. He was ordered to come •up for sentence if called on in 12 months.

Mr Alpers submitted that the man’s offence was technical. It had been committed rather foolishly by the husband to protect his wife, he said. THEFT FROM CARS .

The accused, whose car stalled on Scarborough Hili', took the opportunity 'to remove a car radio and two rugs from other stationary cars on the hill, Detective Sergeant D. C. Lee said when Desmond John Millward, aged 18, a steam presser, pleaded guilty to two charges of theft to the total value of £4B on or about May 20. Millward wrs convicted and remanded on bail to July 10 f<-r sentence. INSULTING LANGUAGE After arriving at the Central Police Station on June 16. the accused began to use insulting language and continued to do so even after he was told to leave. Sergeant Townshend said when Patrick James Nell Galbraith, aged 32, unemployed, pleaded guilty to a charge of using Insulting language. Galbraith, who was convicted and fined £4, said he became enraged when his honesty was questioned, but now wished to retract the statements he had made.

DROVE UNDER INFLUENCE David Thomas Smith, aged 26 an airman (Mr J. G. Hutchison) was fined £4O, and his licence was cancelled for three years, when he pleaded guilty to a charge of driving under the influence of drink or drugs on June 24.

THREE MONTHS’ GAOL The accused was an epileptic, and whila In a fit of epilepsy became Irresponsible, al-though-he could not remember anything after the fit had passed, said Mr W. A. Wilson, counsel for Hugh Douglas Annett, aged 33, unemployed, who appeared for sentence on ?,™^ rge of threatening to kill. While he appears dangerous, his bark is worse than his bite,” he said.

“Must we leave him until he has had his bite?” asked the Magistrate.

Mr Wilson said that the drugs that Annett had to take made him sensitive to alcohol. Annett had realised that he would have to stop drinking, and had ■made an effort to do this. Sentencing Annett to three months’ Imprisonment, the Magistrate said that the accused’s violence had not been limited to his family. He had ignored warnings and advice and a prohibition order had been broken. When he had liquor he was a very dangerous, man. The offence had been a serious and contemplated course of action, and the accused was quite capable of carrying out his threat. FINED £4O Charged with driving while under the influence of drink or drugs, John Desmond Richardson, aged 43, a workman. Pleaded guilty. He was con-

vlcted and fined £4O, and his licence was cancelled for three years. Mr R. G. Blunt said that Richardson suffered quite serious coronary failures. The pain of them drove him to drink the day of the offence. 18 MONTHS’ PROBATION

“If you get into any further trouble you are liable to go fo Borstal.” said the Magistrate when admitting Tony Keith Smith, aged 17. a farmhand (Mr M. G. L. Loughnan), tb probation for 18 months on two charges of theft, one of burglary, and one of attempted conversion of a truck. Smith was ordered to live and work where directed by the probation officer. FINE AND PROBATION "When seen by the probation officer you persisted in the view that you did not see much harm in stealing from your employer. If this attitude continues you will not be-able to get work, and you are liable to appear -on ■ other charges,” the Magistrate said when fining Clarice Anny Smith, aged 43, a housewife, £l5 on a charge of stealing paint brushes valued at £7 6s 3d, and admitting her to probation for 15 months on a charge of receiving 99 paint brushes valued at £25 9s Id, when she knew they had been stolen.

Mr L. M. O’Reilly said a large quantity of paint brushes was left at Smith’s house by a relation, who intended to pick them up later. She objected to the insinuation that she Instigated the offences, as the practice was going on when she went to the firm. It was difficult to see what purpose she had in taking the brushes, as none was sold or given away. Smith had 10 children, six of whom were still under 15. She was one of the few who had the punishment of having her name published, as she was not represented by counsel when she first appeared, Mr O’Reilly said. CHARGE ADJOURNED "I find It hard to accept that you have suddenly got the urge to conform, in view of your past conduct. My immediate impression was that you should go back to Borstal, but after hearing what your counsel has said the charge will be adjourned to September 24,” said the Magistrate when Claire Perriton, aged 19, a waitress (Mr R. de R. Flesher) appeared for sentence on charges of stealing articles valued at £7 6s. the property of Lucy Wilson, and a radio valued at £l5, the property of.Noeline Lees. Mr Flesher said that before being committed to Borstal Perriton resented any correction, parental or otherwise. She still needed spme form of guidance, but was on parole. She had returned to her home, and would seek medical advice to rid herself of what could only be described as an obsession. FINED £l5 Kenneth William Charlton, aged 23, a carpenter, was fined

£l5 on a charge of stealing a cycle valued at £l7, the property of David Haworth, and ordered to make restitution of £5. Mr M. F. Hobbs said the offence was committed more than three years ago but was only recently discovered. Charlton had led a blameless life apart from this. IDLE AND DISORDERLY

After being released from a prison term for failing to pay fines, Raymond David Welsh, aged 41, unemployed, was found In the Christchurch North Post Office with a half-penny in his possession. He had run up a taxi fare for 6s, said Sergeant Townshend. Welsh pleaded guilty to a charge of being idle and disorderly in that he had insufficient means of support on June 17. He was convicted and ordered to come up for sentence within six months it called on. FINED £lO

Dennis Ronald William Kent, aged 36, a panel beater, was fined £lO, in default 12 days’ Imprisonment, when he pleaded guilty to being found without lawful excuse in an enclosed yard at 100 Park terrace on June 24. He pleaded guilty. Sergeant Townshend said the complainant was at home with her parents at 9.30 p.m. when Kent drove up to the front door. He persistently rang the front door bell, and when told to leave he would not go. The police found him wandering around the front lawn. He had been drinking. CHARGE DISMISSED Charged with having unlawful sexual intercourse with a girl aged 15 years 7 months, David John Raymond Hayward, aged 20, a machine operator (Mr S. G. Erber), pleaded not guilty. The charge was dismissed. Mr Erber said that Hayward had been led to believe that the girl was 16 or 17, and the girl said In evidence that she had told Hayward she was 16. DRUNKENNESS

Patricia Melrose, aged 52. a housewife, pleaded not guilty to a charge of being drunk in Gloucester street on June 24. having been twice convicted of the same offence within the previous six months. She was fined £5, in default seven days’ imprisonment. ADJOURNED Charged with being a rogue and a vagabond in that, being a reputed thief, he frequented Leyden street with felonious intent, Henry Mathew Huntly, aged 23. a workman, pleaded not guilty, Further charged with the theft of a driving licence valued at 10s, he pleaded guilty. The case was adjourned partheard until July 13, Huntly being remanded on ball.

A woman whose name was suppressed appeared on two charges of discharging stones with Intent to annoy and alarm and one of throwing a stone to the danger of a person. The charges were adjourned to July 16.

A chargu ot stealing Is «d. against a girl whose name was suppressed, was adjourned to September 24 after she had given an undertaking to live at home and to accept the supervision of the probation officer. Mr G. B. Lascelles appeared for the accused. REMANDED George Miller tod. aged S 3, a tyre fitter, was remanded in custody to July 2 on a charge of obtaining £lO from Allan Baker by false Pretences. Charles Edgar Joseph White, aged 43. a workman, was remanded in custody until today on two charges of false pretences and one charge of attempted false Pretences. Errol James Kelly Yeates, aged 25. a soldier, was remanded oh bail to July 9 on a charge of injuring Anahere Lorraine Barrett with intent to do grievous bodily harm on June Ü Bonnie Hori T^^ hare ’ H shearer, was remanded on ban to July 2 on a charge of assaulting Pamela June Dawson on June 24. Charged with assault on a child aged four. Richard Thomas Keats, aged 39, was remanded on bail until July 2. Charged with receiving a stolen television set valued at £l4O, Gordon Noel McCann, aged 28, a watersider. elected trial by jury and was remanded until On charges of receiving stolen goods valued at £27 5s on June 11, Jeffrey Pehimana Pakau. aged 19. a workman, was remanded on bail to July 2. A youth whose name was suppressed was remanded on ball to July 2 on a charge of theft to the value of £5 on or about A c r harged with driving while under the influence of drink or drugs and with careless use of a vehicle in Sherborne street on June 5. Richard John Casey, aged 52, an auctioneer, was remanded on bail to July 2. On a charge of driving under the influence of drink or drugs on the Main West Coast highway at Yaidhurst on June 13, Lloyd Lindsay Coates, aged 22. a fitter, was remanded on bail to July 2. . .. Jack George Crofts, aged 41, a horse trainer, was remanded on bail to July 2 on a charge of driving under the Influence of drink or drugs in Springs road on May 25. Gyula Kovacs, aged 28, a rubber worker, was remanded on bail to July 9 on k charge of driving under the influence of drink or drugs in Biccarton road on June 9.