Defence argument fails in sauna parlour attack

Press, 23 September 1980, Page 4

Defence argument fails in sauna parlour attack

A defence of mistaken identity of two men, who were alleged to have been involved in’ an attack on a sauna parlour and its proprietor and manager, failed in the District Court yesterday. The defendants were Colin Karena Rangirangi, aged 20. and Peter Wairi Tainui, aged 17. Judge McAloon convicted each defendant on a charge of unlawful assembly by being involved in a group which attacked the property and occupants of premises

of the Touch of Class sauna parlour in Colombo Street, Sydenham, on July 5. Rangirangi was also convicted of associated offences of assaulting the manager of the sauna parlour, Gary Keith Gray; assaulting with intent to injure the proprietor, Allan Lewis Phillips; and wilful damage of $444 to windows at the sauna parlour. A charge against Rangirangi of assaulting Warren Maxwell Gray was dismissed at the conclusion of the prosecution case. The Judge

said there was no evidence connecting Rangirangi as the person who attacked this complainant.' Both defendants denied the charges. They were represented by Mr M. J. KnowThe defended hearing resumed yesterday after prosecution evidence had been completed on September 2. The defendants were remanded on bail to September 30 for sentence on the charges on which they were convicted. Rangirangi was also remanded to the same date on a further separate charge, which he admitted, of fraud on February 4 by altering a Probation Service cheque from $5 to $5O, thus receiving $45 to which he was not entitled. : Tainui was also remanded for sentence to the same date on two charges, which he admitted, of unlawfully getting into motor vehicles. Sergeant M. P. Caldwell prosecuted. The Judge had reserved his decision on September 2 on the admission of certain evidence in relation to the admissibility of statements made by the defendants of their involvement. Mr Knowles had sub-

mitted that even If these | were admitted the - prose-i cution should not succeed, because of “inadequate”; identification of the defend-j ants. The Judge yesterday held that the statements were admissible. He dismissed the charge against Rangirangi of assaulting Mr Warren Gray, but held there was a prima facie . case against the defendants on the othe' charges. i In evidence yesterday the two defendants each said that their ■ statements, in which they allegedly admitted their involvement at the scene of the attack on the sauna parlour, were not true. They denied in evidence being near the scene, and claimed they were at a party in Wainoni Road. The Judge held that the statements vvere the correct account of their involvement, and said he did not accept their evidence. After finding Rangirangi guilty of the unlawful assembly offence the Judge said it was quite apparent from his statement that Tainui also identified himself, with part of the group which went to the sauna parlour.

Tainui was an integral member of the unlawful assembly. However, he did not play as major part in this offence as did Rangirangi, and he had sought to extricate Rangirangi from the melee at a later stage. Portions of Rangirangi’s statement were held to have indicated his involvement in relation to the other charges which were found proved.