MAGISTRATE’S COURT Charges Of Shoplifting At Mt. Maunganui Admitted By Girl

Press, Volume CVIII, Issue 31588, 27 January 1968, Page 3

MAGISTRATE’S COURT Charges Of Shoplifting At Mt. Maunganui Admitted By Girl

A 17-year-old Christchurch girl, Raylee Anne Moore, had adopted “a most arrogant and obstructive manner” to the Tauranga police when questioned on shoplifting charges, and had claimed to be Eliza Anita Hoffman, bom in Munich, but a naturalised New Zealander, it was said in the Magistrate’s Court yesterday. Moore (Mr M. J. Glue) reversed a previous plea of not guilty on one shoplifting charge, and confirmed a plea of guilty on another—both relating to offences at Mount Maunganui on December 19— but maintained a previous plea of not guilty on a third charge of unlawfully taking a bicycle, valued at $4, the property of Robert Docherty, at Christchurch on January 9. Mr W. F Brown, S.M., refused an application for the suppression of Moore’s name, sought by Mr Glue, who also complained of references, in the police summary of facts, to Moore frequenting a ship at Tauranga at the time of the shoplifting offences. These references, said Mr Glue, were not directly related to the charges, but the Magistrate said that he could be addressed on that aspect when Moore appeared for sentence. Detective Sergeant N. J. Stokes had said that the Tauranga police were aware that Moore had been frequenting a certain merchant ship at Tauranga about December 19. When questioned, she had claimed that she had clothing and possessions, and that they were secreted in a spot at the Tauranga wharf, but they were actually found by the police in the cabin of a member of the ship’s crew. Moore, said Detective Sergeant Stokes, had adopted “a most obstructive and arrogant manner” to police inquiries, first claiming that she was Eliza Anita Hoffman and had been born in Munich. Of the shoplifting charges, it was said that Moore, in company with a younger girl companion, had been observed in a Tauranga supermarket, using the younger girl standing in front of her as a shield to her movements. Moore was seen to take two pairs of stockings and a box of chocolates, valued at a total of $2.07, and leave without paying for them. But the two girls had been unaware that they had been under observation from another part of the supermarket, and they were apprehended. The shoplifting charge on which Moore reversed a Dlea of not guilty concerned the theft of three paperback books, and a toy film projector, of a total value of $3.08, from a book and toy shop. Moore, described as a student, was convicted on both shoplifting charges and remanded on bail of $lOO to February 5 for sentence. OBSCENE LANGUAGE Paul Donald Pullan, aged 18, an unemployed workman, who pleaded guilty to a charge of using obscene language to a police sergeant in Colombo Street on January 25, when asked by the Magistrate to explain why, said: “He took a swing at me with his torch.” The police statement said that Pullan had deliberately walked into a police sergeant, and had used obscene language when the sergeant had remonstrated with him. Pullan denied this, saying that he had been walking four abreast with other youths, and had endeavoured to avoid the police sergeant. “You are not charged with walking into the sergeant, but with using some pretty disgusting language,” said the Magistrate, imposing conviction and a fine of $lO. POLICE STATION TRESPASS Terence Andrew Harper, aged 21, an unemployed timber worker, was told by the Magistrate that he had been looking for trouble when he trespassed on the premises of the Central police station on the evening of January 25. Harper, who pleaded guilty, and was convicted and fined $lO, was said to have entered the police station at 10 p.m. without any lawful reason, to have left when told to do so by a senior sergeant, but to have come back again, and refused to go when spoken to by two constables, whereupon he, was taken into custody. Harper claimed to have been under the influence of liquor. The Magistrate said he would give him the benefit of the doubt about that. FALSE PRETENCES

Alfred John Oldham, aged 20, an unemployed smallgoodsman (Mr M. J. Glue), who pleaded guilty to five charges of false pretences and obtaining credit by fraud—at Stillwater, Westport and Christchurch, between January 4 and 9—was remanded, in custody, to February 5. On three further charges, to which he pleaded not guilty—burglary of the dwelllnghouse of Alfred Edward Oldham, at Denniston, on August 18 last, theft of an A.N.Z. Bank cheque book between December 28 and January 4. and a breach of probation, at Hamilton on November 15, by failing to give reasonable notice of intended change of address—Oldham was remanded to February 2. BROKE WINDOW Terence Desmond Bradshaw, aged 33, a plasterer, who pleaded guilty to the wilful damage of a shop window, the property of Albert James Barnes, on January 25, was convicted and fined $l5, and ordered to pay $5 in compensation. Bradshaw, who was said

to have been drinking, was seen to put his fist through the window. BURGLARY CHARGES On a charge of the burglary of the workshop of L. C. Hunton, Ltd, Kilmore Street, on his own birthday—January 11 Tony John Waaka, aged 23, an unemployed shearer, and a companion, Michael Eddie Pomana, aged 24, an unemployed truck driver, both pleaded not guilty and elected trial by jury, being remanded to February 6 for the deposition of evidence.

A third member of the group, all jointly charged, George Toko Whatuira, aged 20, an apprentice panelbeater, also pleaded not guilty, but elected summary trial, while a fourth man, Douglas Raymond Henry, aged 24, an unemployed truck driver, pleaded guilty. On a second charge, of the burglary of the factory of Taylor’s Dry Cleaning and Laundry Services, Ltd. 57 Kilmore Street, Pomana and Henry pleaded not guilty and elected trial by jury, Whatuira pleaded not guilty but again elected summary trial, and Waaka pleaded guilty, all being remanded to February 6. Mr K. N. Hampton appeared for all four accused. STOLE CAR MIRROR

William David Anthony Torrance, aged 19, a van driver, after pleading guilty to the theft of a car mirror and a car sign, valued at $5.20, from the Sydenham Park Car Sales—articles said to have been found on Torrance’s own car—was convicted and remanded to February 5 for a probation report and sentence. His application for the suppression of his name was refused. OBSTRUCTED FOOTPATH Gary Leon Yule Rutter, aged 18, an apprentice motor mechanic. was convicted and fined $lO after pleading guilty to a charge of obstructing a footpath in Cathedral Square ' on January 25. “I’ll take into account that you are a first offender,” said the Magistrate, in imposing the fine, “but don’t come back again.” MINOR DRANK IN PUBLIC Raymond Lance Rothwell, a bank clerk, who pleaded guilty by letter to a charge of drinking liquor, while under 21. in a PH in a car Parked in Lichfield Street on December 16 last—was convicted and fined 16.

TRAFFIC PROSECUTIONS In traffic prosecutions brought by the police, convictions were entered and fines imposed, as follows (Court costs of $5 additional on each charge):— Careless driving: Ross Douglas Bowen, $2O; Bruce Edward Annan, $lO.

Failed to give way: Gerhardus Albertus Blom, $l5.

CASE STATED A charge of driving under the influence of drink or Irugs on August 4, against Richard Charles Croft, aged 20, an agricultural student, was dismissed, but the police laid a further information relating to the alleged offence later in the day. This was after the first information had been dismissed as a nullity, because of a defect in the wording of the charge. Mr P. G. S. Penlington, who represented Croft, asked the Magistrate for a case stated to seek the Supreme Court’s opinion on three pleas he put forward on behalf of Croft to the new information.

Croft had already been acquitted in the Supreme Court on November 2 of driving under the influence of drink and thereby causing the death of Peter Joseph . Dunne on August 4, Mr Penlington said. For Croft, he pleaded that the defendant be allowed (1) to plead autrefois acquit to the new information; or (2) that the principle of issue estoppel be applied to bar the new charge of drunken driving; or (3) apply for a stay of proceedings on the grounds that it would be unjust, unfair, and oppressive for the present charge to be heard and determined. The Magistrate adjourned the charge until March 22. (Before Mr E. S. J. Crutchley, S.M.) STOLE TO LEAVE ARMY James Arthur Anthony Tulloch, aged 20 (Mr K. N. Hampton), was fined $9O, placed on probation for two and a half years, and ordered to make restitution of $50.33, when he appeared for sentence on nine charge of theft, uttering, and forgery. He was fined $lO on each charge. Mr Hampton said Tulloch’s difficulties began when he entered the Army. He realised he did not want to remain in the Army, but his applications for discharge were refused. Tulloch then decided to force his discharge by other means, he said. While on leave on the West Coast he had committed the offences with a view to obtaining a discharge. Not only had he obtained it, but he had spent the last two months in Police and Army custody. THEFT OF $7O Valerie Ann Bell Lewis, aged 23. a food packer (Mr I. C. J. Polson), was placed on probation for 18 months when she anpeared for sentence on a charge of theft of $70.40, the property of M. K. Scarlett, on January 11. She was also ordered to take medical treatment as prescribed by the probation officer and to make restitution of $50.40. Mr Polson said Lewis was suffering from an extreme emotional problem and was incommunicable for long periods when depressed. The offence had occurred soon after her husband had left her. The complainant arrived at her flat drunk and made advances to her, and her theft was in some way a retribution for his actions. "OUT OF HIS DEPTH” Lameta Taotua, aged 24, a meat works labourer (Mr J. K. Fuimaono), was placed on probation for one year on charges of being found without lawful excuse in an enclosed yard; escaping from police custody, and assaulting Constable Graham Washington on January 13. The Magistrate said Taotua, a Samoan, was quite out of his depth in this society, and ordered him not to drink liquor for the period of his probation. ‘•SNEAK CRIMINAL” John Coulsen Sutton, aged 46,

a gardener (Mr R. K. Godfrey), was placed on probation for 18 months wh€n he appeared for sentence on a charge of indecent assault on a boy aged 14 on December 16. He was also fined $2O on a charge of theft of a television aerial from Hay’s, Ltd, on November 24. The Magistrate said Sutton had allowed drink to reduce him to the class of a “sneak criminal.” Mr Godfrey said the offence ,of indecent assault would not have taken place if Sutton had not been drinking. CARELESS USE William Alexander Allan, aged 21. a real estate agent, was convicted and fined $2O and disqualified for three months on a charge qf careless use of a motor-vehicle in Blenheim Road on September 29. FINED FOR BURGLARY Ross Douglas Bowen, aged 18, an apprentice motor-body builder (Mr J. W. Dalmer), was fined $5O and placed on probation for two years when he appeared for sentence on a charge of burglary of the dairy of B. H. Wilson, Kilmore Street, on January 5. Mr Dalmer said the seeds of the offence were sown after the death of Bowen s mother last year. He left home to live in a flat, and became mixed up with an undesirable group of youths. “You are far too young and immature to go flatting,” the Magistrate said. CHARGES DISMISSED Two charges—of burglary of the office of Lloyd’s Car Corner, Madras Street, and frequenting Madras Street with a felonious intent—against David John Connor, aged 23, unemployed (Mr R. F. B. Perry) were dismissed because evidence had been obtained by the police after the accused had been placed in custody, and cautioned. Connor had pleaded not guilty to both charges, in a hearing last week. The Magistrate said the police were not entitled to crossexamine a person after he had been taken into custody, and cautioned. Evidence gained in that way was not admissible. There was no suggestion of force in Connor’s case but he should not have been crossexamined. (Before Mr H. J. Evans, S.M.) FINED $lOO Arthur Stephen George Reynish, aged 59, a mechanic, was fined $lOO and disqualified for a further year when he appeared for sentence on a charge of driving while disqualified in Battersea Street on December 22. He was disqualified for three months for failing to give way, and for three months for failing to ascertain if anyone was injured after an accident, both offences also on December 22. All terms of disqualification are to be cumulative. Counsel, Mr R. G. Blunt, said that Reynish had lost his licence dn medical grounds on the application of the police. There was blood in the cells of his brain which could precipitate blackouts at any time. On the occasion he drove his car he had ridden in it with another person, but had been left stranded for two hours before driving back to his home. The Magistrate said Reynish came close to being imprisoned, but the appropriate penalty would be a heavy fine. CHARGE REDUCED A charge of reckless driving in Union Street on October 29 against Russell William Parnell, aged 19. an apprentice fitter and turner, was reduced to one of careless driving after the prosecution evidence had been heard. Evidence was given that Parnell had hit a lamp post on Union Street. An application by Mr A. P. C. Tipping, counsel for Parnell, for costs was refused. Mr Tipping said the prosecution had been advised in a letter that a plea of guilty to careless use would be entered, but a charge of reckless driving would be defended. The Magistrate said the prosecution was justified in bringing the higher charge. ASSAULT CHARGE The accused said he assaulted the complainant after he had been the butt of obscene language and had been given the “finger sign,” said Senior-Ser-geant B. D. Read when Trevor William Tait, aged 17, a sawmill worker, appeared on a charge of assault on September 23. Tait was given leave to change his plea from not guilty to guilty. Tait said he swung at the complainant but missed, and was pleading guilty because he was unable to get his witnesses to Court. He was fined $l5. (Before Mr P. L. Molineaux, S.M.) CIVIL SUIT SETTLED After two days and a half of hearing, a settlement was announced in the sum of $340, in a civil case in which Gordon Scott McHerron, a company manager (Mr L. M. O’Reilly) had sued Andersons Motordrome, Ltd (Mr C. B. Atkinson) for $6OO damages, as the cost of repairs to the plaintiff’s car. The repairs, to a seized-up engine, were made necessary, it was claimed, because of the firm’s alleged negligence in omitting to replace a radiator cap on the plaintiff’s car after general servicing, with the result that when the car was driven the radiator lost water, and the engine over-heated. TWO CHARGES Gregory George Davison, aged 19. a machinist (Mr J. W. Dalmer) was convicted and remanded until February 2 when he pleaded guilty to charges of driving while disqualified and giving false information, on November 6 at Hornby.