Magistrate has Mihaka escorted from court

Press, Volume CXVI, Issue 34104, 17 March 1976, Page 3

Magistrate has Mihaka escorted from court

6V.Z. Press Association)

WELLINGTON, March 16. Te Ringa Mangu Mihaka, a witness in the proceedings against a group of Maori Land marchers in the Wellington Magistrate’s Court today was escorted out, shouting, on an order from Mr K. L. Richardson, S.M.

Mr Mihaka was appearing as a witness in the case against Petu Busby, aged 18, an unemployed student, who was charged with obstructing a carriageway and with being on the JohnsonvillePorirua motorway other than in a vehicle on January 28. As one of the constables touched Mr Mihaka he shouted: “If that man manhandles me again I’ll hit him right in this court.” Mr Mihaka had accused the Magistrate, who was hearing cases individually, of taking them out of context. Mr Mihaka insisted that. 10,000 people had marched or, the Porirua-Johnsonville motorway three months ago

land that was relevant to the case.

As the exchange became heated Mr Mihaka shouted: “Can’t you see Mr Magistrate that this law is repressive?” At the end of the hearing Mr Mihaka was invited by the Magistrate to return. He did so quietly. Pleas of not guilty had previously been entered on behalf of each of the defendants. Carter was fined $4O for using obscene language in Manners Street. Robert Bernard Garth Collins, 23, a self-employed consultant, was fined $25 for obstructing a carriageway, Courtenay Place. POLICE CARS ONLY James Rakeitaha Nga O’Carroll, aged 38, a cleaning contractor, charged with obstructing a carriageway, Courtenay Place, called Mr Mihaka as a witness. Mr Mihaka said he was the leader of the group in Courtenay Place. There was no traffic flow in the particular section of CourtenayPlace at the time, except for police cars. Traffic officers had re-directed the traffic.

In answer to Sergeant P. F. Darroch, who appeared for the police, Mr Mihaka

said that if there were cars in the area, apart from those occupied by the police, there were no people in them. The Magistrate said Mr Mihaka’s evidence had clearly established that police vehicles were using the carriageway. He convicted O’Carroll, and fined him $25. Senior Traffic Officer D. G. Stitt told the Court that he was on duty on January 28. He noticed a group of about 20 people, accompanied bv a man with a loud-hailer. They were walking south in an orderly manner in single file. The traffic officer said he used the speaker system in his car to advise them that it was an offence to walk on the motorway and if they continued action would be taken.

Members of the group kept walking on the motorway and were asked individually for; their particulars. There were no replies.

Constable J. O’Leary said he interviewed Busby, who said that if it was legal for 10,000 people to walk along the motorway three months ago it must, have been legal for the 20 to do so. CLAPPING IN COURT

At this, clapping broke out at the back of the court.

“This is not a pantomime,” the Magistrate said. “I will have no clapping at the back of the court.” Busby also called Mr Mihaka.

“Keep your evidence confined to that concerned with this young lady,” the Magistrate told the witness soon after he began to speak. Mr Mihaka said the Magistrate was taking the incidents out of their context. “I’m not interested in your principles,” the Magistrate told him. Mr Mihaka said the fact that 10,000 people had previously walked on the motorway was relevant. After a further heated exchange, the Magistrate said he did not propose to let the hearing be turned into something of a comic opera.

The evidence showed the: area was a motorway, said the Magistrate. He was not iconcerned about the principle of what prompted the defendant to march on the motorway. On that charge Busby was fined $25. On the charge of obstructing a carriageway she was fined $25.