MAGISTRATE'S COURT Committed For Trial On Joint Manslaughter Charge

Press, Volume CIX, Issue 31984, 10 May 1969, Page 18

MAGISTRATE'S COURT Committed For Trial On Joint Manslaughter Charge

Rex RicMrd Wahfiicb, ased 28, a plasterer, and Doualas Jamas Jury, aged 1». a labourer, were committed to the Supreme Court for trial on a Joint charge of manslaughter when the taking of depasitiena concluded before Mr H. J. Eh-ans, S.M., in the Magistrate’s Court jresteix|*y. - The accused were charged with causing the death of Kelly John Bourke, aged 18, on April 1». They were represented by Mr K. Ryan, of Auckland (Wahriich), add Mr G. S. Brockett (Jury). On an application by Counsel the Magistrate prohibited publication of the contenta of written statements made, to the police by both accused, and the whole of the evidence given in Court by Detective Sergeant Arthur Gifford Rodgers, and Detective Thomas James Gorman. In the course of the evi-; dence given by Detective Gorman, Mr Brockett ob- i jected to the admissibility of a statement by Jury on the • grOund that no warning had been given before it was ; made. At the conclusion of the evidence Mr Brockett ' sought an order for the nonpublication of the statement in the interests of the accused in obtaining a fair trial before a Jury. Mr Ryan objected to cer-; tain evidence given by Detective Sergeant Rodgers on the grounds that Wahriich , had not been cautioned at that stage, and that questioning on a particular occasion was based on an assumption. Mr Ryan submitted there wrs insufficient evidence before the Court to warrant sending Warhilch for trial; He said it had not been proved that blows had caused Rourke’s death. Rourke had a heart condition and could have dropped dead at any time. Efforts made to give him resuscitation by blowing into hie lungs could have caused shock and-resulted in his collapse. He Mid tbO Witness Cusdin was an accomplished talker, a self-confasaed cheat, and a perm given to telling Uek. There was no medical evidence to support injuries to the bead caused by kicking. Mr Brockett said he adopted Mr Ryan’s submissions. Wsrhlich was remanded in , custody and Jury was re-, leased on bell on a bond of : 8780 in his own recognizance and <me surety of $750 on the i conffitioiu that he report daily to the police, live at home and remain there each week-end. (Before Mr E. S. J. Crutchley. j S-M.) 11 MONTHS GAOL 1 A man who obtained goods 1 worth SUW.M from Hay's, Ltd. and the Naw Zealand Farmers’ ' Co-operative Association of Canterbury, Ltd. without paying for J them was sentenced to prison : for 12 months on each of two of obtaining credit by 1 Neville Bishop Mayo, atlas Bonald Beckie Manson, aged St, , a prison Inmate, pleaded guilty to obtaining credit of tt»s.W by fraud from Hay's. Ltd. between October 11 and January ' U; and credit of 54H.71 from the Farmers' between October 25 and January 13. The Magistrate ordered that the terms Imposed be served concurrently with a 15-month I gaol sentence imposed on the accused at Timaru in March for other offences. Sergeant G. F. Davidson said that the accused opened a credit account st Hay's, Ltd, on September 2«. The account limit was S4S but the accused '■obtained a wide selection of

Farmers' after opening a credit account there. He made 21 transactions at branches of the flrm to get the articles. ' Sergeant Davidson said only 184 worth of the property had been recovered when the accused was arrested. In mitigation, Mr R. F. Powell said that intellect the present charges were “washing-up” wntencing the accused, tug 4K pis ddcialen on restitution. _"COWAIDLY ASSAULT” ''Throe people to one—this was a cowardly and miserable way to behave.” the Magistrate told two youths and a man who assaulted a- student In SMM“" w,y Imposing Siws of gm on each of the acdused, the Magistrate ordered that MM the Mm be paid to the complainant. ? "It was fortunate ha was not seriously injured," ho said. Ronald Htmtone Hanaro, aged 24, a process worker, Robert Lance Ewart, aged If, a tussock grubber, and Edward Mohi Huria, aged 17, unemployed, pleaded guilty to a charge of assaulting Glen Campbell Newman. . • Sergeant Davidson Mid that at 12.50 a.m. yesterday a large number ot passengers from the fnter-ialand -ferry Maori had been alighting from a bus in the Square. They were picking up luggage from a truck parked nearby. The accused objected to the truck being parked there and told one of the passengers, the complainant, to move it; He said he could net move it as he was not the driver. After driving round the Square, the accused stopped again and assaulted the complainant. They punched him round the face and body, said Sergeant Davidson. The complainant suffered a badly cut lip and bruising to his face and body. - FINED 2100 FOR THEFT Stanley William Fleming, aged 27, was convicted and fined floo on a charge of stealing M 4 from Mr B, J. Blackler on April 2. He pleaded guilty. The accused had admitted taking .the money after ho was interviewed several times by the poUce. said Sergeant DavidFleming said it was Ms duty , to clear the tin and he had taken the money thinking it would not be missed. When the MUM were informed he put all the money except 22 back in the office and told the complainant it had been found, said Sergeant Davidson. REMANDED IN CUSTODY Two men released from prison p.m. tbs same day when they wore found sitting in a car parked In a car Mies yard, said SergMnt Davidson. Subsequently charged with unlawfully getting into the car. John Tumanako Waihi Stevens, aged 22, and Ngu Ngutoro, aged 29, pleaded guilty. They were convicted and remanded in custody to May 14 for probation report and sentence. A police patrol had found the accused in a car valued at 8550, the property of Kennedy’s Car Sales. Stevens said he had got into the unlocked car to keep warm as he had nowhere to spend the night. However, he later admitted that he intended to take the car and drive to Dunedin, said Sergeant Davidson. The accused Ngutoro could offer no explanation for his being in the car other than that his friend had asked him to get in. He also told the police that he had missed his train to Dunedin. OBSCENE LANGUAGE A youth who shouted obscene language at a traffic officer who gave him a traffic offence notice was lined 920 on a charge of ueing obscene language in a public place. Nigel Vernan Barker, a mechanic, pleaded guilty to the Charge. Sergeant Davidson said the defendant used the language at 9 p.m. on April 4 tn Cathedral Square. The defendant said he did this because he was "brassed off.” THEFT CHARGE Douglas Ayson Bain, aged 27, a van driver (Mr R. F. B, Perry), was convicted and remanded on ball to May It for a probation report and sentence on a charge of theft. He pleaded guilty. The accused had stolon assorted women’s clothing, shoos, suitcase and an amethyst ring 10 a total value of U 42, the property ot Jennifer Elisabeth Witbrock end Marilyn Ann Buckley, Mid Sergeant Davidson. The items bad been stolen from a parked car en April 4. Ono of the complainants had soon a woman wearing a coat that wm part M the stolen property, Mid Sergeant Davideoit As a result the defendant was interviewed and admitted the theft Ho said he had a bad problem with drink. no woman wearing the coat wm the accused's wife and she would Appear in - Court later, said liriunt Davidson

i He pleaded guilty to stealing r JjErsiam.'fflJs : as a result ot inquiries about ' petrol .stolen from a truck I SS',lSiSt®lfcWX”E i also admitted stealing two spare wheels, the property of persons unknown, from unlocked boots ot cars parked in ' city streets. ! T STOLE PETROL, WHEELS 1 Wayne John Klesanowskl, 1 aged 17, a farmhand, was con- ■ Victod and remanded in custody to May 19 for probation report ' and sentence on two charges ot ' Stealing petrol and one ot steall ing a wheel assembly. He • pleaded guilty to the charges. The accused had admitted siphoning two gallons of petI rol from a vehicle belonging ' to Daily Freight, Ltd, on April 27. said Sergeant Davidson. ‘ He also admitted that he and ■ another youth had stolen 30 gallons of petrol from a truck be1 longing to Mr N. S. Combe. He also said that between April s and 12 he had stolen a spare wheel worth M2 from a car ' owned by Mr E. w. Carr. I remanded Frederick Carl Rosel, aged 24, 1 a workman, was remanded on ball to May 14 for the taking of i depositions on a charge ot at- ! J! ln . p,l . n , g ,0 ONaat tbs course i of justice, it was alleged that he ati tempted to induce George Morris to give evidence contrary i to the truth in the Supreme l Court trial of David George Keenan on a charge of burgi lary. 1 CHARGE DISMISSED A charge against Derek Mark “ f?, ul t ne . r ,’ «■ • b,nlt clerk > (Mr K. N. Hampton), of stealing J <* e“W soft-drink bottles worth 11.07 was dlsi missed. The accused had I pleaded not guilty. ! Evidence was given that the L accused had been seen carrying the crate jrom a yard at the [ rear of the Zetland Hotel on I March 3. He was intoxicated. , The accused said he had been , other man that he wh eteong ! «#' •«“ K : aftSSRsWt 5 ; f e '."g.KS RESTS' with traffic lights. He pleaded not guilty. Evidence was given that the defendant had gone through a ■ (fd *£ ght at ,he intersection of Manchester Street and Oxford Terrace on February 20. He 1 denied this. , Evidence was given that the defendant’s car and a motorcycle had collided at the inter- , section at 12.20 p.m. on Febru- ' ary 20. The motor-cyclist suf- , fered a broken leg. MISCELLANEOUS CHARGES Drove carelessly: D. V. R. Me- 1 Currie. 915; G. J. Nottingham, i 810, and disqualified for three i months; K. P. Sheppard, 810, i and disqualified for 12 months: i R. Bradley, *25 and disqualified for three months. Minor found in bottle store: Gary Robert Hutchinson. 915. (Before Mr W. F. Brown, S.M.) ! ARSON "K is only your stats of I health that has prevented you ■ from going to a detention < centre, ’ the Magistrate Mid when imposing a sentence of three years probation on Garry ! Wayne Flynn, aged U, a farm hand, on a charge of setting »o a hay barn on March 2» at Rolleston, The defendant was also ordered to pay compensation of j *l2OO, witnesses' expenses of *22.10 and fined *l9O. He was ordered to take out a prohibition order and abstain from alcohol. The barn, two sheds, a horse box and 2*oo bales of straw valued at *l*l* were destroyed in th® fir®. The Magistrate said the Court i took a serious view of the offence because of its consequences and because of the necessity fer a deterrent element in the penalty. Mr Z. T. Higgins, for the defendant, submitted drink played ; a large part tn the offence. The 1 defendant sincerely regretted the offence and was anxious to ' make full reotitutlon. (Before Mr H. J. Evans, *.M.) ' USIITED, ASSAULTED FOLICE ; Jon Sheldon Cradock, aged 29, a seaman, was convicted on S. KBinVXWS almost three days, Cradock was remanded on ball to May 2* for a probation officor’o report and

j . . .<;«<•«* , ha< not guUty to two chargoa of as- !, a “ M *n/ eonetables tn the OXSCujarty about 1.30 a,m. on April: handtlng n< o e f ttm defenda?t T *by the police eame from witnesses whose credibility le highly Mipect,” the Maglatratesatd, is: plain the defendant -leek some punishment, the severity of- his injuries exceeding those suffered by the police, but I am MtlsSed that the police acted properly, and that, If the defendant. and hie friends, had acted in a civil manner, he the promises with the aid have acted as.tbqy did if.the Innocuous ’asidescribed b by”the defence witnesses," said the Magistrate. THREE MONTHB IMFRISON«*h’t. avof(f \he conclusion that • you are determined .to i?: wm James Garlick, aged 19, unemployed. who- was sMtencdd to feg me w n a; te ttx‘ ' # °n r n?s r,pr!,,at!db) - Mr Wilkes said that altheufrh Garlick had. a long list -of convictions, he did not appreciate the severity of his offences. "it must nave been perfectly clear to you that you had no I right to drive,” the Magistrate said to Garlick. "As you are unsuitable for Borstal, and have boon to the detention centre, imprisonment is the only course available." Garlick’s term of disqualification was extended by one year, to February 29, 1971. (Before Mr P. L. Mollneaux, S.M.) THREE MONTHS IMPRISONMENT Popata Taylor, aged 21, a carpenter’s labourer, wao sentenced to thrM months imprisonment on a charge of being a rogue and a vagabond and on a second charge ot peering into the. window of a house in Canon , Street, the sentences to be con- ’ current. He was also sentenced to a year’s probation. Taylor, who appeared for sentence, was represented by Mr ! P. R. Milligan. The defendant had a pattern : of conduct of a serious nature especially relating to members of the opposite *ex. the Megistrate Mid. He had appMred Before the Court on a similar charge m 1594, which bad been connected with watching a young girl undress. He had appeared before the Court in 1987 five chargee of burglary which involved attacks on on sleeping women, after he had broken into a house. . Ao a result the defendant had been Mnt to prison for two years. He bad been released in December, lie*, and three months later had been apprehended on fho present chargee. It seemed that there was seme sexual connotation in the defendant's offences, the Magistrate said, and he would take this into account by imposing special conditions. Taylor w*s ordered to take psychiatric treatment as directed by the Probation services, and to stay away from Canon Street for the duration of his probation. Because many of his offences had been carried out under the influence of alcohol the Magistrate ordered Taylor to take out a prohibition order tor the term qf his probation. FINED MS, DISQUALIFIED Clifford Noel Foster, aged 17. was fined 915 and disqualified f ? r months on a charge •s.',r.aj± &“"£ SW.."***"** by EXCEEDED 99 MILES AN HOUR John Eliott Seyb was fined *2O on a charge of exceeding 55 miles an hour to which he had pleaded not guilty. He was fined *2 on another charge ot having no warrant of fitness, to which he had pleaded guilty. He conducted hla own defence. (Before Mr W. F. Brown, S.M.) CHARGE DISMISSED A charge of careless use against Richard Dickinson, aged 17, was dismissed. He pleaded not guilty and was represented by Mr E. T. Higgins.

Services Offered Daniel “Danny the Ijed” Cohn-Bendit has given his support in a cablegram to the Trotskyite candidate in the French Presidential election, Mr Alain Krivine, and suggested himself as Prime Minister if Mr Krivine wins. Mr Cohn-Bendit, aged 24, a West German citizen bom in France, and Mr Krivine, aged 27, played leading roles in last spring’s French student “revolution.” Mr Cohn-Bendit is still banned from France. —Paris, May 8.