Distress flare-firer to pay $lOOO compensation

Press, 16 June 1982, Page 4

Distress flare-firer to pay $lOOO compensation

A boat builder, who while under the influence of alcohol at a party, fired two distress'flares from a house in Sumner, which set in motion a full-scale search and rescue operation was convicted by Judge Hobbs and ordered to pay $lOOO of the almost $3OOO sought in compensation. In the District Court yesterday Warwick Leslie Grenfell, aged 20 (Mr A. C. Hughes-Johnson) admitted that without reasonable cause he wilfully used a distress signal on June 6. The charge, laid under the Shipping and Seamens' Act, carried a maximum penalty of three months in prison or a fine of. $2OO. On the charge Grenfell was convicted and ordered to pay $2O towards the cost of the prosecution. The Judge said he accepted that the defendant was a decent, responsible member of society who had acted without thinking and while under the influence of liquor.. The consequence of Grenfell’s action could be seen in

the substantial amount of compensation sought. When a search operation, such as the one which was mounted, took place there was always the possible risk of injury or loss of life to those taking part, said the Judge. The Judge was satisfied that substantial compensation should be made, but said it would be unrealistic to order the defendant to pay the full amount. Sergeant G. C. Jones said that at 11 p.m. on June 6 . police received information about the sighting of a red distress flare over the Sumner area. At midnight a second flare was sighted and as a result a full-scale search and rescue operation was mounted. This involved the opening of the search and rescue coordination centre, the use of a R.N.Z.A.F. aircraft which was in the air for two hours, two Coast Guard ships, two fishing boats and 220 voluntary man hours, said Sergeant Jones. The nine-hour operation was called off at 10 a.m. next day when police inquiries revealed that the flares had been fired from a Sumner residence where a party had been in progress. Compensation in respect of the use of the search ships and the aircraft amounted to $2922 which was sought from the defendant, said Sergeant Jones. Mr Hughes-Johnson said that from the defendant's point of view the less said about the offence the better. After consulting with his client, counsel said the amount of compensation sought was accepted. Grenfell, a first offender, had consumed a considerable amount of alcohol at the party. . Even in his wildest dreams his client never imagined his actions would have led him to his present predicament. “He is full of remorse and is absolutely horrified at the consequences," said Mr Hughes-Johnson. After listing Grenfell's assets, built up over five years, Mr Hughes-Johnson said that while some compensation must be ordered it should not be for the full amount. “There is no prospect of anything happening like this again,” he said. As a person with an interest in things nautical, said the Judge, the defendant must have had an idea what would happen if he let the distress flares off. Mr Hughes-Johnson said that because the flares were let off from the middle of Sumner Grenfell had not thought they could have been misconstrued as. coming from a ship in distress at sea. FRAUD CHARGES. A farm manager and his wife facing a total of 30 charges of fraud, involving $3BOO, were remanded on bail to June 22. No pleas were entered by Maurice John Derrett, aged 35, or Lindsay May Derrett, aged 33 (Mr K. J. Osborn).

The alleged offences were said to have occurred in May. Derrett faces 21 charges, involving $3OOO, and his wife, nine, involving $BOO. DEPOSITIONS A man charged with possessing cannabis for sale or supply elected trial by jury. John Peter Diggle, aged 23. unemployed (Mr D. J. Taffs), was remanded to July 9 for the taking of depositions. On another charge of possessing pethedine. to which he pleaded not guilty. Diggle was remanded to the same date. The remand was in custody. FATALITY SEQUEL A man convicted of causing the death of his wife by carelessly using a car was fined $750. In addition Brendan David Hutchings, aged 30, who admitted the offence, was disqualified from holding or obtaining a driver’s licence for 18 months. Sergeant Jones said that at 3.10 p.m. on December 28. last year, in the Greymouth area, the defendant with four passengers in his car, went into an S-bend at excessive speed, lost control, and the car travelled 30 metres along a grass verge before crashing into a power pole. ’ As a result of the accident the defendant's wife was killed. Counsel (Miss J. M. Drake) said it was an isolated act of careless driving which had very serious and tragic consequences. The passengers were relatives. Injuries were sustained by the others who required hospitalisation. The defendant suffered broken ribs, pelvis, and

ankle, and was knocked unconscious. Miss Dake said her client had little if any recollection of the accident and he had not been interviewed by the police until five weeks later in Wellington Hospital. Her client's car had been written off and was sold for $2OO. Hutchings had since been told by local residents that other accidents had occurred on the particular stretch of the road, said Miss Drake. The facts of the tragic accident bore eloquent testimony to what the defendant had already suffered as a result of his carelessness, said the Judge. He said the Court had onlv limited options open to it byway of penalty — a maximum of three months imprisonment. . . The Judge said he was satisfied the offences could adequately be dealt with by a monetary penalty. THEFT CHARGE A splo mother alleged to have stolen a purse, six bank books, a credit card and. a driver’s licence, and cash, to a total value of $ll7, was remanded to June 24 for a defended hearing. Christina Rose Siaosi. aged 25. was granted bail of $lOOO. She is alleged to have taken the items, the property of Eraina Milne, on June 11. PROBATION A girl, aged 17, who with two associates, used two stolen bank credit cards to obtain goods, to a total value of $3360, was put on probation for two years when she appeared for sentence. In addition, Tracie Cox, a garden labourer (Mr M. J. Glue), was Ordered to undergo such medical or psychiatric treatment as was directed. No order was made for the $790 compensation sought.