MAGISTRATE'S COURT Youths remanded on rape charges

Press, Volume CXIII, Issue 33383, 15 November 1973, Page 9

MAGISTRATE'S COURT Youths remanded on rape charges

r Two youths who appeared before the Magistrate’s " Court yesterday on rape charges were remanded in custody to appear again on 1 November 21. They are Robin John Wilson, aged 18, • a factory worker (two charges), and Ivan Tony Miller, aged 17, a factory worker. r The offences are alleged to have been committed on 1 October 11 and October 13. An application by Mr W. H. McMenamin, counsel for ’ Wilson, for interim suppression of his name was re'fused by Mr K. H. J. Head- ’ ifen, S.M. He said Wilson had a considerable history of psychiatric disorder and had previously been committed! to Sunnyside Hospital. i, On the application of the, duty solicitor (Mr L. V. j North), the Magistrate i y directed that Miller undergo) ! a psychiatric examination i during the period of remand. y BENCH WARRANT A bunch warrant was issued for the arrest or Kevin Moana Jarden, aged 28, a roofer (Mr L. T. Higgins), when he failed to appear oerore the Court on 15 charges or wilful damage involving. snyp windows wortn $1306.01, and two charges of burglary. the wilful damage offences are 'alleged to have Been committed I in Christchurch city anu suburban areas on October 21. detective Sergeant M. D. Grie-1 bel said Jarden Had been released on bail with one surety ana a twice-daily reporting clause when he last appeared before Hie Court. He had tailed to report and the police believed i ne was in Australia. The Magistrate said the surety ■ had last week filed an affidavit i in the Court to the effect that she believed Jarden was about to abscond. He considered she ■had done everything possible to inform the Court oi Jarden’s inI lentions, anu discharged her I irom the bond. A second person charged with the same 1/ offences was remanded on bail to November 21 without pleas being entered. He . is Brenton John Brien, aged 24, ‘ unemployed (Mr A. C. hughes- > Johnson). WILFUL DAMAGE I Kevin tVayne Ellis, aged 23, a [ machinist (Mr J- E. Butler), pleaded guilty to a charge of wilfully damaging a car. the property of Ivan Albert Neil. He was , convicted and remanded on bail ' to November 21 for sentence. ‘ Detective Sergeant Griebel said lithe complainant, who is the de- >: fendant’s father-in-law, had his ear up his driveway ‘ on September 15. About 1 a.m. t the next day he heard a loud ) banging, and saw the defendant 1 cross the lawn and drive away. The complainant found that ' damage amounting to $3OO had S been caused to the windscreen, . bonnet, steering wheel and paint, work of his car. ‘•UNLIKELY STORY” I 2 : “I’m told an incredible story | 1 (by this defendant. His is the I .|most unlikely evidence ever put) 1 ■ before me. I hold that it is. com-1 pletely untrue,” said the Magis-:

| Irate when summing up after . hearing evidence in a prosecu- ’ tion against Allan Edward Ham- ! ilton-Wallace. I Hamilton-Wallace, aged 32, a . manager (Mr A. K. Grant), was charged with being in an en- ! closed garden at 432 Worcester , Street without lawful excuse. He . was convicted and fined $lO. The complainant, James Ed- ' ward Mclvor, said he and his ' wife were in bed at 2.30 a.m. on August 4 when he heard a noise (in the garden outside their win--1 dow. I He got up and went outside, clad only in a singlet, to find a man sprawled on the drive, after ■ falling over. The man got up and ' ran off. Mr Mclvor said he chased the intruder down Worcester Street ' for 150 yards. He then gave up • because “I was Improperly i dressed.” : Mr Mclvor was unable to iden- : tify the intruder in court.

He noticed a car sitting by the side of the road with lights on, and the motor running. The intruder hesitated as he ran past the car, according to Mr Mclvor. Hamilton-Wallace’s explanation was that he found, late on the previous evening, that he had to catch a plane at 7.15 the next morning. He said he went across town from Innes Road to Worcester Street to get an alarm clock from a friend. On his way back he thought he would call in at the Tiki Motels where he thought a friend was staying. He parked his car 400 yards away from the motels, because he thought he was in the same general area. He asserted that he walked from there across Stanmore Road and back again. Tiie engine was left on because Hamilton-Wallace didn’t want to break his fingernails on

the “stiff ignition switch” and because “he was lazy.” The Magistrate said that at I the conclusion of the prosecution's case there was a possib-! ility of some mistake because ■ the complainant could not identify him. But when that was coupled with the defendant’s “obviously untrue” evidence, the complainant’s case was fortified. ! CARELESS DRIVING CAUSING DEATH Cedric Lyle Nesbitt, aged 23, a fish filleter, was fined $l5O and disqualified from driving for 18 months from November 28 when he pleaded guilty to a charge! of careless driving causing death. Detective Sergeant Griebel said the defendant’s car collided with another at an uncontrolled intersection. The driver of the ■ other car, which had come from tiie right, was knocked uncon- , scious by the impact, and died three days later from head injuries. Mr R. F. B. Perry, for Nesbitt, said there were mitigating circumstances. The intersection was unlit and it was dark, with light drizzle when the accident occurred. The defendant slowed I to 25 m.p.li. when approaching the intersection, looked both ways, but did not see tiie other ' car. SHOP THEFT < On a charge of stealing a plastic duck and ornament worth $3.78 from Trowlands Toy Shop on November 9, Kay Debra Holmes, aged 18, a machinist, was convicted and fined $25. She pleaded guilty. EXCESSIVE BLOOD ALCOHOL i John Denis Johns, aged 22, a labourer, was convicted and re- ' manded on bail to November 21 , for sentence when he pleaded guilty to one charge of driving ■ with excessive blood alcohol (202 mg and one charge of dan- : gerous driving. Detective Sergeant Griebel ) said the defendant overtook a car at a speed between 60 and 80 m.n.h. On pulling in again he hit the rear of a car which had pulled out from the kerb some distance ahead. On a charge of driving with an excessive blood alcohol con-) eentration <2l7mg) on September!: I. Robert Harold Russell, aged/ 52. a truck driver, was convic-i 1 ted and fined $l5O and disquall-1' fled from driving for 18 months i from November 28. (Before Mr E. S. J. Crutchley, S.M.) ASSAULT CHARGE Inia Moana George, aged 17, a glazier (Mr D. M. Palmer) was convicted and fined $l5 on a charge of assault and $l5 on a charge of unlawful possession of an offensive weapon. George pleaded not guilty to both charges. Sergeant R. I. Harlick said the charge arose from an incident in Parker Street, Hornby at 3.30 a.m. on July 14. Laurence John Morriss, the complainant, said he was driving bis car along the Main South Road when his car was passed by two motor-cyclists on the left. A third motor-cyclist passed him correctly on the right, he said. The pillion-passenger on one of the motor-cycles was holding a half-gallon beer bottle. The complainant said he thought this was going to be throw n at his ear so he re-passed the motor-cyclists. The group passed his car again and turned into Parker Street, the complainant followed after making a U-turn, intending to reprimand them for their driving. They had stopped and when Mr Morriss approached them George produced a chain and threatened him with it. The complainant then got a crank-handle out of his car and a scuffle followed in which he was knocked to the ground and suffered a black eye, bleeding nose and a gash to the chin. Mr Palmer said the defendant was scared when Mr Morriss followed him down Parker Street and intended to use the i chain in defence only. The Magistrate said that although there was some doubt as | to whether George or one of his ■ companions hit Mr Morriss it was not necessary under the de- ■ finition in the Crimes Act for a | blow to land to constitute! assault.

(Before Mr F. G. Paterson, S.M.) ! TWO YEARS PROBATION | Robert Arthur Smith Wimi penny, aged 56, unemployed (Mr P. H. B. Hall), was placed on probation for two years when he appeared for sentence on two charges of theft and two charges of obtaining money by false pretence. As special conditions of probation he was ordered to undergo medical treatment as directed, and to pav restitution of $220. The theft charges related to a sewing machine worth $240 and a socket tool set worth $155 which he sold while they were subject to a hire-purchase agreement entered into bv his de facto wife. He obtained $l6O by selling the sewing machine and $6O by selling the tool set. Mr Hall said Wimpenny was an unstable person who would benefit from psychiatric treatment. He sold the articles to help relieve his financial position while he was out of work. DISQUALIFIED DRIVER James Neville Mackenzie, aged 21, a social welfare beneficiary, was fined $250 and disqualified from driving for one year concurrent with his present term when he was sentenced on a charge of driving while disqualified on September 2. (Before Messrs W. H. Smail and F. Brooks, Justices of the Peace.) COMMITTED FOR TRIAL The third youth allegedly involved in the Little River Hotel burglary was committed to the Supreme Court for trial Steven Tametame Kino aged 21, unemployed (Mr E. T. Higgins), pleaded not guilty to g burglary charge, one of unla\i» fully getting into a car and one of attempting to take a motorcar, after the taking of depositions. The police allege that Kino, with his brother and one other, took a car and went to Little River where Kino acted as a look-out while one of the others went into the hotel. : The third charge of unlawfully getting into a motor-car related; to an attempt by the inen to; take another car on State High-! way 75.