MAGISTRATE’S COURT Driver fined $l70 after refusing blood test

Press, Volume CXI, Issue 32700, 1 September 1971, Page 15

MAGISTRATE’S COURT Driver fined $l70 after refusing blood test

A motorist who refused to accompany a constable to a police station and refused to give a blood specimen was fined $l7O and disqualified for one year when he was convicted by Mr P. L. Molineaux, S.M., in the Magistrate’s Court yesterday on charges arising from the incident. The defendant. Garry. Ranui Te Huia, aged 33, al driver (Mr D. H. Hicks), pleaded guilty to the charges and to charges of careless driving and resisting a constable.

Sergeant R. J. Skilton said that Te Huia was driving a car in Wilsons Road about 10.45 p.m. when he ran into a car parked correctly on the opposite side of the road. Both vehicles were extensively damaged and Te Huia’s face was cut. Te Huia refused to take a breath test and to go to the police station. He resisted strenuously when arrested. When asked for a blood sample, he said. “If you want a blood sample take some off my shirt.”

Mr Hicks said it was clear that Te Huia’s driving was grossly negligent and that he had had too much liquor. It was his first appearance before the Court, however, and he had a good work record. PERIODIC DETENTION

Ronald Tautau, aged 29, a labourer, was sentenced to four months periodic detention for assaulting Jeanette Ann Maxwell on August 23. Tautau had pleaded guilty and been remanded for a medical report. The Magistrate said that it was Tautau’s third conviction for assault and that Tautau had generally manhandled

the complainant and thrown her against a door when she complained about the way he had left the washing machine which they used jointly. PROBATION Susan Collier, aged 23, a housewife (Mr K. J. Osborn), was released on probation for 12 months when she appeared for sentence on 11 charges of theft ! from shops to which she had ; pleaded guilty. The Magistrate said that the defendant had an otherwise unblemished record and, although a substantial amount was involved, she had received some punishment through the publication of her name.

THEFT OF TAPE-RECORDER After the defendant was seen trying the doors of parked cars in Oxford Terrace he was traced to a hotel and a stolen taperecorder valued at $lO5 was found in his back pocket, the Court was told when Trevor i William Reynolds, aged 63, retired, pleaded guilty to stealing the tape-recorder on August 30. Reynolds was fined $4O. A member of the public reported that the defendant was trying the doors of parked cars at 3.40 p.m. said Sergeant Skilton. Reynolds told the Magistrate that he did not remember the incident, as he was intoxicated.

“The greater part of your life has been free from crime and there is no indication you will be a danger to society,” the Magistrate said to Reynolds. THEFT OF TOOLS

Stephen Tarewai Apes, aged 17, a sawmill hand, was remanded on bail to September 7 for sentence when he pleaded guilty to charges of unlawfully getting into a car valued at $4OO and stealing a sack of tools valued at $4O.

Sergeant Skilton said that the car was unlawfully taken, from the Hoon Hay Working Men’s Club on August 20. The defendant knew it had been taken by two other persons and also drove it. Extensive damage was done to the vehicle. Apes took a sack of tools from the boot. These! had not been recovered. ASSAULT ON WIFE Walter Henry Louis Kerr, aged 25, a bridge builder, was fined $5O when he appeared for sen-

tence> on a charge of assaulting his wife on August 23. He had pleaded guilty and been convicted.

The Magistrate said that as Kerr had no previous convictions for violence he could look at the matter as an isolated incident that had its origin in a domestic dispute.

;! WILFUL DAMAGE On a charge of wilfully damaging the grass surface of the Leamington Street reserve on July 9, Stephen Reriti, aged 19, an apprentice mechanic (Mr W. S. Smith), was convicted and ordered to pay costs and make restitution of $5O. He pleaded guilty. Sergeant Skilton said that a car driven by Reriti was found bogged down in the grass reserve about 12.40 a.m. on July 9 after a complaint had been received by the Ministry of Transport The area was cut up by skid marks and restoration by the Riccarton Borough Council cost 3100. Reriti told the police that he drove on to the reserve to stop other vehicles which were skidding about on the grass. He was affected by alcohol and had already appeared before the Court in relation to this. Mr Smith said that Reriti lived near the reserve and had previously been blamed for driving over it. When he saw the cars there on this occasion he tried to stop them to obtain their plate numbers so that he could clear himself. Reriti had been convicted and fined 373 and disqualified from driving on a charge of driving with an excessive alcohol concentration. The Magistrate said he was sure the convicting magistrate would have taken the wilful damage charge as part of the overall incident when imposing the penalty

RAID ON HOTEL When a police patrol called at the New Zealander Hotel, St Asaph Street, at 12.13 p.m., on Sunday, June 27, 20 persons were found in the lounge bar, Sergeant Skilton told the Magistrate The manageress of the hotel, Anne Block, pleaded guilty to charges of selling liquor after hours and falling to keep a proper register. She was convicted and fined 320 on the first charge and $3 on the second. Charges of exposing liquor for sale and opening premises after hours were withdrawn by leave. Three of the persons who had been in the bar pleaded guilty to charges of consuming liquor on licensed premises after hours. Tanglhaere Plrika was convicted and fined 315 and Sophia Wiremu and Lewis Edward Meads were convicted and fined 320 each. Sergeant Skilton said that similar charges had been laid against Other persons who had been In the bar when the police arrived.

DISQUALIFIED DRIVING On a charge of driving while disqualified at Raglan on April 29, Michael Leslie Scott, aged 23, a driver, was convicted and fined 3200 and disqualified from driving for an additional period of six months. He pleaded guilty

(Before Mr H. J. Evans, S.M.) ASSAULT ON POLICEMAN Kenneth Arthur Foskett, aged 22, a roofing contractor (Mr P. N. Duncan), and Duncan lan Hook, aged 20, a sheet meta) worker (Mr W. C. C. Janus), were convicted and remanded on ball to September 8 for sentence when they appeared on charges of assault and resisting arrest. Both defendants pleaded not guilty, but after the evidence was Heard Foskett was granted leave to change his plea to guilty. Constable K. J. Hickman said that he saw a group of about 30 people watching a fight In Cathedral Square at 1.20 a.m. on August 15. When he told the two youths fighting to break It up, Foskett, one of the observers, began pushing him. Foskett continued pushing after being warned and was arrested. Hook was arrested after he began pushing while Foskett was being put in the patrol car. Both defendants struggled violently. In cross-examination the wit ness said that he was unable to show proof of his identity, when asked by other persons in the crowd, because they were pushing and jostling. Hook said in evidence that he was a passenger In a car in the Square when a group of people approached the driver and started a fight. While he was watching the fight someone pushed him from behind and he was held in a headlock. A frollceman then pushed him into a police car. He was not told why he was arrested until he reached the police station. Cross-examined by Senlor-Ser-Scant F. G. Mulcare, Hook said nt he did not see Constable Hickman or Detective Scott until he arrived at the police station. Convicting both defendants, the Magistrate said that Hook’s version of the episode was not only untrue but was grossly unfair to the two officers. (Before Mr J. C. K. Fabian, S.M.) DANGEROUS DRIVING Gavin William Shackel, aged 18, a metal worker (Mr A. K. Grant), was convicted and fined 140 and disqualified from driving for six months when he Pleaded guilty to a charge of dangerous driving.