Remand in custody on burglary charge

Press, 13 July 1985, Page 4

Remand in custody on burglary charge

A man charged with breaking and entering the Cashel Street premises of Martin Donnithorne and Company was remanded in custody after bail was opposed in the District Court yesterday by Sergeant C. M. Mating. Whiu Arthur Carroll, aged 32, a labourer, was remanded to July 19, without plea, by Judge Sheehan. Carroll is charged with committing the burglary on July 10. The owner of the company, Mr Donnithorne, and a policeman, were attacked when they went to the

Cashel Street premises after a burglar alarm was activated. Mr Donnithorne, who is in hospital, suffered skull and arm fractures and is believed to have temporarily lost 50 per cent vision. PISTOL A loaded, cut-down rifle found in the bedroom of Darryl John Smith, aged 25, during a police search was used for shooting rabbits in the Lake Sumner area, said counsel (Mr Erno Bedo). Smith, who admitted unlawfully possessing a pistol on June 26, was convicted and fined $2OO. The Judge ordered that the weapon be forfeited to the police. Mr Bedo said his client had owned the weapon for two weeks. He obtained it in a cut-down condition which he found convenient to use in one hand when shooting rabbits through the window of his Land-Rover. There was no nefarious purpose in his client’s owning the weapon, he said. Smith had been fully cooperative with the police. RAPE CHARGE A psychiatric report will be obtained on a man charged with the rape of a woman, aged 36, on July 4. John Frederick King, aged 29, a sickness beneficiary, was remanded in custody to July 26. When he initially appeared last week bail was

strongly opposed by the police as the alleged offence was said to be “very serious.” An application for interim suppression of the defendant’s name was also refused. CHARGES DENIED Four charges of burglary committed within a period of three hours were denied by two men. Christopher Karl Churcher, aged 20 (Mr M. J. Glue), and Lee Harry Paul, aged 18 (Mr R. S. Peters), both unemployed, were remanded to October 8 for a defended hearing. They are jointly charged with John Stacey Hakaraia, aged 20 (Mr M. J. Knowles), with breaking and entering the Wainoni Pharmacy, the North Beach Pharmacy, the Glenbyre Tavern, and Balfours Hi Fi shop in Noahs Hotel. Bail was refused for the three men last week. A substantial surety was sought yesterday by Sergeant Maling as he said it would be unreasonable to keep the three in custody until October. Hakaraia, who is not due to appear in court again until July 17, remains in custody. The charges relate to an incident in which goods valued at $3OOO were found in a car, containing three men, stopped by the police in Linwood Avenue at 4.30 a.m. TRIAL BY JURY Trial by jury was elected by a man, aged 62, facing five charges of indecency. The defendant, represented by Mr D. C. Fitzgibbon, was remanded on renewed bail to September 3 for the taking of depositions. Interim suppression of his name was continued. The defendant is charged with indecently assaulting a schoolgirl twice, to have performed indecent acts on two occasions with intent to offend females, and to have committed an act of indecency with a dog. The police say the alleged offences occurred since June, 1983. Mr Fitzgibbons said his client intended to defend the charges. FIT TO PLEAD A psychiatric report on Duane Thomas Tito, arrested after an extensive manhunt on Banks Peninsula late last month, indicated he was fit to plead, said counsel (Mr P. H. B. Hall). Mr Hall sought a remand to July 23 when pleas would be entered to the charges. He said he wished to discuss

certain matters with the officer in charge of the case. Tito faces 25 charges including theft, burglary, car conversion, armea robbery, and several firearm charges after escaping from Rolleston Prison in May. DEPOSITIONS Bail of $4OOO was renewed for a man charged with stealing a bank bag, containing cash and cheques of a total value of $9746. Reginald Walter Curtis, aged 27, a watersider (Mr D. C. Fitzgibbon), was remanded. to September 4 for the taking of depositions. Curtis is charged with stealing the bag from the safe of the Esplanade Bottle Store on June 1. BAIL REFUSED Bail was refused a man charged with unlawfully possessing a .45 calibre Webley pistol on July 7. v Wayne Michael Joseph Flynn, aged 28, unemployed, was remanded in custody to July 15. The application for bail was heard in Chambers. 12 MONTHS JAIL Imprisonment for 12 months was the sentence imposed on a man earlier convicted on 37 charges. Gregory Paul Sykes, aged 27 (Mr K. J. Grave), had admitted charges of fraud, theft, driving while disqualified, dangerous driving, driving with an excess blood-alcohol level, obstructing a traffic officer, and refusing to accompany an officer. The offences were committed over a period between June last year and February this year. The Judge noted that the excess blood-alcohol offences were the defendant’s eleventh and twelfth and as such represented a “deliberate flouting” of court orders. In addition, Sykes was disqualified from holding or obtaining a driver’s licence for 12 months. The Judge said that to order compensation of $1466 in relation to the 29 offences of fraud would be unrealis-