Committal, discharge

Press, 13 March 1985, Page 6

Committal, discharge

One man was committed for trial, and another man discharged, in the District Court yesterday when they appeared on a joint charge that with another unnamed person they robbed a Stewart Eland visitor of $193 in the inner city on January 30.

After hearing depositions of evidence of prosecution witnesses, Messrs G. M. Gray and J. B. Andersen, Justices of the Peace, held there was sufficient evidence to commit Sonny James Richard Ngaire, aged 23, a sickness beneficiary (Mr A. M. Mclntosh) on the joint charge of robbing Innes Kenneth Dunstan, the Stewart Island postmaster. They found there was insufficient evidence to commit Malcolm Colin Cook, aged 20, unemployed (Mr T. J. G. Allan), for trial and he was discharged. Ngaire was remanded in custody to April 3 pending a date for trial in the High Court. Sergeant M. P. Caldwell

prosecuted. Evidence of being attacked by a European man (not the defendants) was given by Mr Dunstan who said he had met Ngaire and others in the city and then been introduced to Cook in Cathedral Square. The European man had taken him to find a bankcard machine to withdraw money to make a purchase, and near Latimer Square had pushed him into bushes and grabbed his throat and “throttled him.” The two Maoris were about 50 metres behind at the time. When he pushed his attacker away and got up, and offered his money to prevent further attack, one defendant was standing in front of him. He did not know who took his money. Police evidence was given of a tracker dog following a trail and locating both defendants. Ngaire had $193 in his possession, which .Mr Dunstan identified because of the way he had folded it to place in his bankbook.

Interviewed by a detective, Ngaire denied having robbed Mr Dunstan and said he had followed the others because he did not want to see the complainant get robbed. He went over to help him get away and had picked up his money. Cook also denied robbing or touching Mr Dunstan. He did not know anything about the money until interviewed at the police station. Mr Mclntosh submitted that there was no admissible evidence that Ngaire had been involved in the aggravated robbery of Mr Dunstan. The evidence might well disclose, at worst, that he had been a receiver of the money. Mr Allan submitted that Cook had not met Mr Dunstan until after the others, and after the discussions had taken place about money. Cook had been merely a bystander to the offence. He submitted there was no case to answer on the robbery charge.