Deer shooter fined $300 for poaching

Press, 17 May 1984, Page 4

Deer shooter fined $300 for poaching

A helicopter deer shooter was fined $3OO when he appeared in the District Court in Rangiora yesterday on a charge of poaching on St James station near Hanmer Springs. Anthony James Valenski, a helicopter operator (Mr K. C. Marks), pleaded not guilty to hunting a wild animal on land, namely the St James station, without the express authority of the landowner, on May 24,1983. Miss Kristy McDonald appeared for the informant, the New Zealand Forest Service.

Judge Frampton said if the charge was considered on its own it would not be particularly serious as there was no evidence to prove that there was hunting equipment in the helicopter in which the defendant was a passenger. However, it was the defendant’s third conviction for the same type of offence under the Wild Animal Control Act, 1977.

Judge Frampton said that the defendant seemed to be vague about some of his evidence. He said that when the helicopter left the Amuri ski-field he was unaware where it was going

and he had no control over it. Judge Frampton said that the defendant did not remember manoeuvering along a bush line, and said the helicopter “could have.”

“When asked if they had been looking for deer, he said to his knowledge no, which indicates not only was the defendant a passive passenger, but a disinterested one,” said Judge Frampton. The Judge also commented on a comment by one Crown witness, Mr William Hales, about how cold it was with the passengers door removed. He said he felt if the helicopter had been on the Amuri ski-field with the door off as stated the only interest the passenger’s would have would be returning to base, rather than diverting north-west over St James station.

Judge Frampton said he had to consider submissions by counsel about the time delay in laying the charge. Counsel had submitted this had been prejudicial to the defence because one witness had left for overseas. Judge Frampton found it was not prejudicial. The information was laid in November.

The charge arose after Mr Hales, and a helicopter pilot, Robert Paton, had seen the defendant in a Hughes 500 on St James Station. The helicopter appeared to be hunting as it was moving in and out of a bush line. It had flown close to Mr Hales and Mr Paton and they recognised the defendant. The defendant was seen to “nudge” the pilot, and it flew off. Mr James L. Stevenson said that Mr Hales was the only helicopter operator to be given permission to fly on his station.