MAGISTRATE’S COURT $2O Fine For Resisting Committal Warrant

Press, Volume CVIII, Issue 31598, 8 February 1968, Page 8

MAGISTRATE’S COURT $2O Fine For Resisting Committal Warrant

Fraiiclskus Jozef Bloemen, aged 44, a company director, was fined $2O, in default 12 days imprisonment, when he was convicted by Mr H. J. Evans, S.M., in the Magistrate's Court yesterday on a charge of resisting Constable David Bruce Stapley in the execution of his duty. The Magistrate made an order for immediate payment of the fine. ■ Bloemen, who pleaded not guilty, was represented by Mr R. J. De Goldi. Sergeant V. F. Townshend prosecuted. The charge arose out of an incident in the office of Canterbury Pipe Lines, Ltd, 456 St Asaph Street, on the afternoon of December 7 when Constables Stapley and J. Jordan went to collect a $l4 fine which had not been paid on a speeding charge. A warrant of committal had been issued. There was a scuffle lasting some minutes. Bloemen gave evidence that he was a company director who now lived mainly in Australia. He said he came to New Zealand in 1952 and formed companies which were engaged in drainage and excavating work. Three or four vears ago he had formed a company in Queensland. He never received any notification that the fine had been imposed. The Magistrate rejected a defence submission that the warrant of commitment was invalid. He said that in June of last year Bloemen had been fined £4 and ordered to pay costs of £llos on a speeding charge. Some three months later Constable W. Tait, of Lower Riccarton, had telephoned Bloemen in an effort to get payment of the fine. The Magistrate said be found that Bloemen gave Constable Tait a very short shrift. If he had been a sensible man he would have paid the fine. There was a considerable conflict of evidence as to what took place in the accused’s office on December 7. "The accused contends that Constable Stapley acted in an unreasonable and highhanded manner, but it is my opinion that it was the accused who acted in this way,” the Magistrate said. Allegations that the constables barged into the accused’s office without invitation; that Constable Stanley did not show his identification until some time later: that Bloemen was not given a chance to pay the fine before being arrested: that Constable Stapley called Bloemen a “ foreigner”: and that he was not given reasonable time to call bis solicitor were all rejected by the Magistrate. “The accused knew he had not paid the fine and he was making himself ridiculous and was unfair to the police when he spoke of Gestapo methods,” said the Magistrate. Mr De Goldi said the offence arose out of a trifling matter. Bloemen had no previous convictions apart from traffic offences. He had an excellent record and was a man of substance. The matter had developed because of the continued assertion of bis rights and had arisen because he travelled frequently between Australia and New Zealand. Being a European he had a more volatile nature, (Before Mr K. H. J. Headifen, S.M.) STOLE CYCLES John Albert Gearschawski. aged 23. an unemployed cable layer, pleaded guilty to six charge, of stealing bicycles. On each charge he was convicted and remanded on bail to February 14 for a probation officer', report and sentence. Sergeant F. Mulcare said that in two of the charge, the owners haff lent their bicycle, to Gearschawikl. When they asked for them back he aald they had been stolen. When interviewed he had ,aid he had sold the cycle, and had also taken four other bicycles from outside hotel, which he had also ,old. He had said he wa, unemployed and short of money. BURGLED JEWELLERS Michael James Sparks, aged 19. an apprentice motor mechanic (Mr G. T. Mahon) was fined ,50. ordered to pay restitution of not less than S3O. and admitted to probation for two years when he appeared for sentence on a charge of breaking and entering Stewart Dawsons shop on the corner of High Street and Cashel Street on January 31. Conditions of probation were that Sparks neither own nor have any interest in a motor vehicle, that he live and work where directed, that he refrain from the consumption of alcohol and that he open a savings account. Spark, also pleaded guilty to a charge of driving outside the terms of his limited licence on January 31. On that charge he wa, fined ,40 and disqualified for two years. BURGLARY Bryan Robert James Gwatkin. aged 17, a gardener, pleaded guilty to a charge of breaking and entering a farmhouse at Southbrook belonging to Benjamin Townshend on November 2. He was remanded on ball tor a probation officer’s report and sentence on February 14. Sergeant Mulcare said Gwatkin with ether youth, had taken the last bus out to Rangiora, then found they had nowhere to sleep. One of the youths, who lived In the area, took them to the house which was not occupied continuously. They broke a sheet of plastic over one of the windows, entered, threw bottles and other article, about, tipped ever a book case and then took blanket, and slept in a hay shed. The value of property stolen and damage caused was 148. he said. ASSAULT Robert John Blain, aged 17, a linotype operator (Mr G. R. Lascelles), pleaded guilty to a ebarge that on November 26 he assaulted Owen Robert Phillip,. He was fined MO. Sergeant Mulcare said Phillips had been called to from a car while walking near the Stanmore Road shops. He walked on, but when he found he was being followed he ran into a house section for protection. As he came out Blain had struck him about five “slain, when interviewed, said Phillips had been staring into his car and had made * rude sign before running off. Phillips', action had annoyed him.

Phillip, had denied making the sign. Sergeant Mulcare said RECEIVING A young housewife, whose name was suppressed (Mr G R. Lascelles), was placed on probation for 18 months when she appeared for sentence on a charge of receiving ,55 in cash knowing it to have been dishonestly obtained. FINED ,100 Kevin David Gardiner, aged t 7, a labourer, wa, fined ,50 on each of two charges of assaulting Kevin James Gardyne on December 1. Gardiner was appearing tor sentence. FALSE PRETENCES Ben Tuke-tahi Waikato, aged 31. a workman, pleaded guilty to charges that on January 23 he stole a ,17 camera belong ipg to Sally Maree Ramsden, and that on the same date he obtained money and liquor of a total value of ,10 from the Eastern Hotel and footwear and money of a total value of ,10.25 from Donald's F>otwear, both by means of a false pretence On each charge he was remanded to February 14 for a pro-bation officer's report and sentence. Waikato elected trial by jury on charges of breaking and entering His Lordship’s Bazaar, corner of Worcester Street and Manchester Street, and the house of J. W. Donaldson at 18 Wembley Street.On both these charges he was remanded to February 22 for the Lower Court hearing. PROBATION Trevor William Tait, aged 17. a sawmill hand, had the term of his one year's probation imposed tn December extended by a year when he appeared for sentence on a charge that between Sentember 16 and September 28 he assisted an inmate of a mental hospital in avoiding being retaken. He was also ordered to pay 115 towards the cost of prosecution. The Magistrate said the offence was serious, and was more so when a mental hosnital inmate was involved. If Tait had been an adult he would have been imprisoned. However, Tait might have been motivated by a sense of good will toward the patient, he Sal< *' STOLE STOCKINGS Beverley Francis Frew, aged 37, a housewife, pleaded guilty to a charge of stealing on De cember 23 a nair of stockings worth 55c from a car belonging to George Mallinson. She was fined ,30 and ordered to pay 55c restitution. Mr R. S. D. Twyneham appeared for Frew. Sergeant Mulcare said perty worth 641,35 had been taken from Mailin,on's car. When first interviewed Frew had denied the theft but later admitted taking the stockings. She had maintained her denial, of taking the other property. STOLE COSMETICS Maata Jewel Walsh, aged 37. a housewife (Mr D. H. Stringer), pleaded guilty to charges that on February 6 she stole cosmetics worth 54,17 from McKenzies, New Brighton, and a razor and cigarettes of a total value of ,1.69 from Woolworths, New Brighton. „ On each charge she was fined ,15. NAME SUPPRESSED A man, whose name was suppressed in the interim (Mr P. G. S. Penlington). pleaded guilty to a charge that between December 6. 1966. and January 18, 1968. he stole 6374.62 from his employers. . ... . He was remanded on bail to February 15 for a probation officer’s report and sentence. Sergeant Mulcare said the defendant had been employed as a driver. He was required to write out credits for returns to the company. On 73 occasions he falsified the returns dockets and kept the difference. FINED 87 - Cyril Francis Banks, aged 43. a workman (Mr R. F. B. Perry), pleaded guilty to a charge of failing to pay a taxi fare. He was fined 17. OTHER CHARGES In other prosecutions brought by the police convictions were entered and penalties imposed as follows, with Court costs 85 on each charge. Careless use: Richard John Feeney, 810; John William Henry Moar, 815 (failed to stop. 815); David James McWhinnie, 830. Failed to give way: Claude St Clair Hamilton, 815. Failed to stop for stop sign: Marjorie Frances Hart. ,12; Edward Derek Paintin. ,12. Opened a door in a manner likely to cause injury: Waimairi Cameron, 810. (Before Mr J. D. Kinder. S.M.) DROVE WHILE DISQUALIFIED TWICE When the defendant was spoken to by a traffic officer in Timaru after being checked by a micro-wave unit at 40 miles an hour in a 30 miles an hour area, he supplied a false name, said Chief Traffic Officer E. Wilson. Before the court was Edward David Kwok, aged 37, an accountant, who pleaded guilty to two charges of driving while disqualified, two charges of supplying a false name, one charge of falling to keep left and one charge of exceeding 30 miles an hour. Kwok, who was represented by Mr M. J. Glue, was remanded on bail until February 9 tor a probation report and sentence on the two disqualified driving charges. The remaining chargee were adjourned to the same date. Chief Traffic Officer Wilson said that about 8.13 p.m. on January 5, Kwok was stopped by>a traffic officer after being checked at 40 miles an hour. Kwok gave the name of another person. He had been disqualified from driving in May, 1967. and was disqualified for a further period in August, 1967, when convicted of driving while disqualified. About 9.3 p.m. on January 5, Kwok was seen by another traffic officer near Waimate when driving straight on to an adjoining road without following the roundabout. Kwok again said he was another person. FINED ,40 "If I had not taken evasive action, a head-on collision would have occurred.’’ said Traffic Officer J. B. Middleton when Peter Franels Millard, aged 19, a butcher, pleaded guilty to a charge of driving in a manner which might have been dangerous, on December 17. Traffic Officer Middleton said that about 2 a.ni. he was driving north along Marshland Road when he saw Millard’s car coming toward him. It appeared to swerve and go out of control, and went across the railway line at Chaney's Corner on the wrong side of the road. The car’s speed was about 55 miles an hour. Millard was fined ,40 and disqualified for a year. THREE CHARGES Judith Ann Baird, aged 29, a housewife, was fined a total of 875 and disqualified for six months when she was convicted of carelessly using a motorvehicle, falling to stop after an accident and of failing to ascertain it anybody had been in. lured. All offences occurred on November 7 and arose out of a collision on New Brighton Road. \ Baird pleaded not guilty to the charges and' was represented by Mr K. NI. Hampton. TRAFFIC CHARGES On traffic charges brought by the Transport Department fines were imposed as follows with costs of 85 on each charge:— Careless use: Peter David Stevens, 815; Robert Kingsley, 810. Disregarded traffic lights: Lawrence William John West,

,15 and disqualified for two months. Failed to stop at stop sign: Michael Roger Thompson, ,8; Francis Potter, ,10; Heather Margaret Rae, ,8; Allster George Malcolm. ,10; John Howard McWhirter, ,10. Failed to give way: Margaret Ann James, ,8. Exceded 30 miles an hour: David Arthur Ford. ,12; David James Jackson. ,10; Wayne Pierre Tourell, ,20; John Row land Hayman. 812; Christopher John Wiison, ,25; Joan Phillipa Belcher, ,12; Paul Seaman Burrows. 815: Peter Albin Copp, 512: Ernest James Easter 540. and disqualified for two months; John Roger Eastmond, 814 and disqualified for a month; Douglas Ellery, ,15: Lea Elwyn Graham, ,10; John Graham ES!'. < l uhar Herriott. ,15; Stanley S ! am Hodge, ,12; Richard William Lowe, ,10: Vincent Brian Perham. ,12: Peter Martyn Roberts, 510: Melville Allan Smith. ,10; Simon Schofield. ,20 ,0 display "L” plate. ,6): Don Stokes, ,12; Alan Morrison Watkins. ,10. Exceeded 55 miles an hour: Charles Robert Davies, ,10. Failed to produce licence: Selwyn Keith Smith. ,10; Philip H?wK. W ,l5 HaineS ’ Wayne wSKS? M’n. li & U: B,Chard Wrong class of licence: Denis Russell Truscott, ,4. Failed to display licence label: George Jonathan P etr , o \ lcs . 810; Ron Taggart, 820 (failed to carry certificate of fitness, ,20). No licence: Bernard King, 83: Maurice Edgar von Tunzelman. 83 (no warrant of fitness, ,6) Failed to display "L" plateDennis Maxwell Hills, 86. P Exceeded axle weight: R. R. ,Xo ' AK ' Tra nsport. Ltd, 315 (exceeded heavy traffic licence, 310); Baker Transport. • Templeton Transport, L»IG, >2O. Exceeded certificate of fitness on goods service vehicle: Burnetts Motors, Ltd, $2O (exceeded heavy traffic licence, two charges, $2O). Insufficient lights: Arthur Lawrence Richards, $25; Graham Maxwell Miles, $l5; John Stewart Phillips, $2O. Used motor vehicle with worn tyres: John Godfrey Dunphy. Exceeded heavy traffic licence: Paintin and Nottingham, Ltd, $25; Frews Motors, Ltd. $10; John Cairns, $lO. No light on bicycle: Gerald Andrew Larson, $5; Anthony Me Donald, $5; Leslie John Payne, No rear red lights: Gavin Edgar William Kinsman, $l5. A Failed to carry certificate of fitness: M. C. Burke, Ltd, $2O. Permitted use of unlicensed motor vehicle: John Edward Deason, $lO. Heavy traffic licence not carried: Thomas Knott Ferguson, $lO (no certificate of fitness. $10); Ryan Brothers, $6. No warrant of fitness: James Brookes, $4; Edward Kawhia Stirling, $3; Robert Amai, $l2; Wallace Baker Bateman, $2; Hugh Jason Paul Canard, $lO (failed to produce licence, $10); Kevin Allan Carlaw, $l5; Bruce Henry Everest, $2 (failed to produce licence, $5; insufficient lights, $8); Thomas William Ed ward Judd, $2; Colin William Allan, $4; Francis lan Hamilton. $2; Charles Seymour Luney, $3 (failed to display “L” sticker. $10); Haydon Robert MacDonald, $l2; Robert Reginald Smith, $2; Jack Francis Tutton, $2. CIVIL CASES (Before Mr J. D. Kinder, S.M.) JUDGMENT SUMMONSES The following orders were made on judgment summonses: Robert Neville Luff, stalner, Morrison Avenue, to pay Scooter, Motor-cycle and Moped Services, Ltd $lO2, in default 51 days imprisonment, warrant suspended while $2 a week is paid; J. M. Little, labourer, Barters Road to pay G. S. Foster $705 (90 days or $2 a week); W. Martin, labourer, Halberg Street, to pay Pegasus Cycle Company $11.05 (seven days). Robert E. Lee, driver, Guildford Street, to pay Robert L. McLean, Ltd $45.55 (24 days or $2 a week); N. M. Kamo, married woman, Stackhouse Avenue, to pay Mayfair TV and Home Appliance, Ltd $214.38 (14 days or $3 a month); E. K. le Henry, clerk, Lyndhurst Crescent, to pay Carthy Motors, Ltd, $134.87 (82 days for $4 a week).

Malcolm Thomas Jackson, tool and die maker, Gainsford .Street, to pay Blackwell Motors, Ltd $41.22 (25 days or $2 a week); K. P. Hanrahan, psychiatric sister, Andover Street, to pay Bishop and Company, Ltd $64.92 (seven days or $2 a month); lan Gough, watersider, Bordesley Street, to pay Sinclair Melbourne and Company, Ltd $54.13 (30 days or $2 a week). B, Freeman, Tuahiwi, to pay