Defence case in firearm charge

Press, 4 July 1985, Page 4

Defence case in firearm charge

Highway 60 club members gave evidence in the District Court yesterday that they did not live at the club’s headquarters in Worcester Street. They had given this place as their address during a police search in relation to a homicide inquiry because of damage caused by police to the headquarters on previous searches, and they did not want this to happen to their own premises. The club headquarters were termed a “crash pad” for members to stay after consuming alcohol. The evidence was given on the third day yesterday of the hearing of charges against nine members of the Highway 61 club arising from the police’s finding a loaded cut-down .22 calibre rifle in a hole in weatherboards, and three petrolfilled beer bottles with cloth in their tops on a porch, during a search on April 4. Each defendant faced a charge of being in possession of a pistol when not authorised or permitted to have possession of it. Each also was charged with possessing explosives — three Molotov cocktails — without lawful purpose. The defendants are John Harry Akuhata, aged 26, Taui Thompson, aged 30, and Epi Jack Marino, aged 32 (all represented by Mr M. J. Knowles); Lionel Hatare Chapman, aged 28, Ashley Vernon Davies, aged 25, and John Pomare Maniopoto, aged 26 (all presented by Mr Erno Bedo); Larry Matthew Collier, aged 29 (Mr M. J. B. Hobbs); and Patrick Napier Hutana, aged 21, and Gavin Stuart Spooner, aged 28 (both represented by Mr G. R. Lascelles). Prosecution evidence in the case was completed during two days last month. The defence case began yesterday and will continue today. The hearing is before Judge Palmer. The prosecutor is Sergeant C. M. Maling. At the original appearance of the defendants in court during Easter weekend the prosecutor said that

nobody, had admitted ownership of the items and that the occupants were charged on the basis of a provision of the Arms Act that where specific ownership was not ascertained, occupants could be charged with ownership of the weapons. tn evidence yesterday Terry John Ryan, an officer of the Ngai Tahu Trust Board, secretary of the Rehua marae, and a social worker, said that Thompson was foreman of an employment project on construction work at the marae. He had complete responsibility, for the construction project.

Mr Ryan said he was sure, that Thompson worked regularly about the beginning of April. This was an important stage in the project.

He said that through his work he had connections with other Highway 61 members as well as Thompson. He knew that some members made a practice of sleeping" at the gang headquarters some nights, but also had other addresses to go to. They seemed to have their own homes. To Mr Lascelles, the witness said Spooner had worked in an employment project at the maree all this year. He was certain Spooner worked regularly there in the week preceding his arrest. To Sergeant Maling, Mr Ryam said he would have known if absenteeism had occurred as he would note it when he checked the workers in the mornings. Thompson, in evidence, said he had been president of the Highway 61 group for four years. He said he lived at the group’s headquarters and also at his girlfriend’s address, and at a flat in Fitzgerald Avenue. Thompson said he was at his girlfriend’s place on Sunday night, March 31, but learned the next day that the police had visited the headquarters. That eveing he arrived home from work and found the headquarters “a bit roughed up.” He said the police had not found anything. He was convinced they would be back.

On Thursday, April 4, he returned to the “pad” with Spooner and Grant after finishing. work. They had a club meeting to attend. They' had not been back long before the police arrived. Thompson said there were sometimes members of the club at the headquarters when he set out for work each day. They might also invite friends or associates to the headquarters. Thompson said he did not know everything that went on in his club. He said that when the police called he was asked to write down the names of those who lived at the headquarters. He said he gave his address as the headquarters because of the way the police “came -round doing all that damage.” He did not want the police going to their homes and doing damage. Thompson ;said he had never seen the pistol before the police showed it to him. He had never seen at the headquarters the bottles

with cloth “stoppers” sticking out of their tops. He said the pistol must have been brought into the property by somebody but contended that a club member would not bring it in because of the visits by the police. Cross-examined by Sergeant Maling, Thompson said the club’s headquarters were really just a place to stay, if he had had too much to drink, or something like that, he “crashed” there. It was a place where a lot of people went and had a few drinks. If they did not want to stay they did not need to. Thompson said the club had not had firearms on the premises at any time, to his knowledge. Akuhata, a marae supervisor, said he did not live at the headquarters on a regular basis. He had given his address as the headquarters because the police had previously searched the premises and caused a lot of damage. He did not want to take the risk of the same

thing happening at his regular address. Akuhata said he did not stay at the headquarters, but “crashed there” from time to time when he got intoxicated. That was usually at week-ends, from Thursday until Sunday. Akuhata said he went to the headquarters after work on Thursday, April 4, to put parts on his motor-cycle. The police arrived and another search was made of the headquarters while he was there. He had not seen the pistol or the three bottles at the premises until shown them by the police. Marino said he gave the club’s headquarters as his address. He lived at several addresses. He said he was prepared to stay at the headquarters during the week concerned because he was expecting the police to come back. He had no knowledge of the pistol or petrol-filled bottles found by the police. Chapman said he used the headquarters to repair his motor-cycle and to socialise

and drink with members. He stayed mostly at his girlfriend’s place but occasionally slept at the headquarters. He normally would sleep at the headquarters on Friday nights, or Saturday nights after hotels closed if he was late. The club headquarters were a “crash pad” when he had had too much to drink. He kept his personal possession at the property he shared with his girlfriend. He had given his address as the club’s headquarters to protect his place from harassment by the police. Chapman said he had not seen the pistol or beer bottles involved in the charges. Maniopoto also said he lived at his girlfriend’s place and kept his personal effects there. He usually stayed at the headquarters three or four nights a week or when he was too intoxicated to go anywhere else. He had not seen the pistol before. Beer bottles were frequently used to store petrol for motor-cycles and for cleaning.