MAGISTRATE'S COURT Bail estreated; surety failed in "serious obligation”

Press, Volume CXII, Issue 33033, 28 September 1972, Page 19

MAGISTRATE'S COURT Bail estreated; surety failed in "serious obligation”

"This is not a routine technical matter, but a serious obligation,” Mr K. H. J. Headifen, S.M., said in the Magistrate’s Court yesterday, when estreating $lOO of a $2OO bail bond entered into by Peter John Ward, aged 29, a sales manager (Mr S. C. Biss), as surety for Laurence Edward Barkle.

Barkle, aged 33, an unemployed driver, failed to appear on a charge of false pretences in August. A warrant has been issued for his arrest.

Mr Ward told the Court that he acted as surety for Barkle on two previous occasions, in 1965 and 1967, and had no trouble in getting him to report. On the recent occasion he signed the bond for Barkle because he was satisfied Barkle was making an effort to keep out of trouble and intended to wipe the slate clean.

He kept in touch with Barkle by telephone up to the day Barkle failed to appear. He then called at addresses where Barkle said he had been living, but the people there had not heard of him. The Magistrate said the principal duty of a surety was to ensure that the defendant appeared for his trial. “He must take positive action to ensure the defendant will answer to his bail. I don’t consider the surety has carried out his obligations.”

The Magistrate said he took into account that the surety had done something, little as it was, towards ensuring the defendant’s appearance. FINE AND PROBATION Allan William McLeod, aged 17. unemployed, was fined $l7O and sentenced to probation for 18 months when he appeared on charges of unlawful possession

of an offensive weapon and assaulting a constable. The Magistrate told McLeod that if he appeared in court again, imprisonment would be imposed. McLeod, when approached by policemen, threatened them with a piece of pipe. He denied having a knife and when an attempt was made to search him, drew a knife and slashed at the constables. SHOP BURGLARY Stephen Ernest Bessant, aged 18, a labourer, pleaded guilty to a charge of burglary of the Bowhill Book and Wool Shop. He was convicted and remanded on bail to October 4. Senior-Sergeant F. G. Mulcare said that the defendant broke a window and took $3 and an alarm clock. BURGLARY AND THEFT Two youths who pleaded guilty to charges of burgling a store shed on September 11 and stealing two magnifying glasses on September 17 were convicted and remanded on bail to October 4 for sentence. They are Bryan Robert McCallister, aged 18. a factory hand, and Kevin Horne, aged 18.- a labourer (Mr D. H. Stringer for both). Senior-Sergeant Mulcare said that the defendants admitted breaking into the store shed of H. A. Galpin and Company Ltd, and taking groceries worth $B. The groceries were found hidden in the ceiling of a flat occupied by the defendants. They also admitted stealing two magnifying glasses worth $lO from a container in a railway waggon. BURGLARY Peter Noel Raharuhi. aged 19, unemployed (Mr A. K. Grant), was remanded on bail to October 4 for a medical report with a view to a sentence of periodic detention when he appeared on a charge of burglary. Mr Grant said that Raharuhi’s part in the burglary of the North Beach Pharmacy on September 27 was minor. The equipment used to cut open a safe containing drugs was supplied by another person. The defendant had a problem with drugs but with medical assistance was weaning himself from them. Raharuhi had responded well to probation.

DEPORTATION Solo Misi, aged 24, unemployed (Mr J. L. Woodward), pleaded guilty to being a prohibited immigrant. He was convicted and fined $lOO and detained pending deportation, Mr G. K. Panckhurst who appeared for the Department of Labour, said that Misi had already been deported once from New Zealand, in 1966. THEFT Moira Sandra Anderson, aged 19, a factory worker (Mr J. E. Butler), pleaded guilty to charges of stealing a pair of trousers worth $l5 from Haywrights, Ltd. on June 21. and stealing $B2 from Francis Earnest Webb on August 30. She was convicted and remanded on bail to October 5 for sentence. EXCESSIVE ALCOHOL On a charge of driving with an excessive alcohol level (187 milligrams) on July 21. Keith John Ross, aged 28. a schoolteacher. was convicted and fined $l5O and disqualified from driving for one year. He pleaded guilty. Kenneth Donaldson Burns, aged 45. a clerk, pleaded guilty to a charge of driving with an excessive alcohol level (167 milligrams) on July 22. He was convicted and fined $lOO and disqualified from driving for one year. (Before Mr F. G. Paterson, S.M.) ASSAULT Peter Tua Keremete, aged 23, a driver (Mr J. W. Wilson), was convicted after pleading not guilty to assaulting Desmond eorge Fraser in the Black Horse Hotel on May 11. The Magistrate said he conceded that the complainant might have insulted the defendant, but the defendant had no right to take matters into his own hands. He fined Keremete $lO and ordered him to pay $l3 witnesses’ expenses and $lO to Mr Fraser, who suffered a broken cheek-bone. DEFERRED SENTENCE Haydon George Williams, aged 45. a social security beneficiary (Mr J. E. Butler), was convicted on his plea of guilty to threatening to kill Mary Williams, his wife on August 20. Sergeant R. S. Morgan said

that when the police were called, the defendant said: “She’s going to be murdered tonight, and I don’t care if I swing for it.” The defendant was somewhat intoxicated.

Wiliams was ordered to come up for sentence within six months if called upon.

' DISQUALIFIED Patrick Arthur Fear, aged 55, a company director (Mr B. J. Drake), pleaded guilty to failing to report damage after an accident on June 29.

Sergeant Morgan said that Fear hit a fence on a comer, then reversed his car off the footpath and drove away without informing the owner of the damage. Fear was convicted, fined $25, and disqualified from October 11 for one month. (Before Mr H. J. Evans, S.M.) THEFT Frank George Beardsmore, aged 20, a building society consultant (Mr H. J. B. Quigley), was fined $l5O when he appeared for sentence on two charges of theft of electrical equipment from the National Electrical and Engineering Company. Ltd. The Magistrate said that the defendant had a very good record before the offences were committed.

EXCESSIVE ALCOHOL In Ministry of Transport prosecutions for driving with an excessive alcohol concentration, convictions were entered and penalties imposed as follows, with costs of $5 and medical expenses of $10.50 in each case: Gavin William Annett (153 mg. $75, disqualified for nine months; Eugene Aloysius Boland (187 mg. $l4O, 12 months; Ronald James Smart (151 mg. $75, six months; Keith Hughie Drummond (223mg.\ $175, 18 months; Anthony Peter McFarlane (177 mg. $5O, six months; Jeffrey Steven Morris Ellis (217 mg. $175, 18 months; Ronald David Carstairs (193 mg. $4O, six months. (Before Messrs J. L. Ives and A. H. Marker, Justices of the Peace.) ROBBERY CHARGE

John David Shaw, aged 25, and Bunny Friday Harrison, aged 30, both unemployed (Mr P. N. Duncan), were committed to the Supreme Court in custody for trial after pleading not guilty to the aggravated robbing of Geoffrey Doilglas Whittington of about $13.50 on August 25. The police say the defendants assaulted Mr Whittington, took his money, and left him lying injured in an empty section.