Rape claims by student were false

Press, 1 July 1986, Page 14

Rape claims by student were false

A university student convicted on two charges of making false complaints that she had been raped was placed under supervision , for six months, not as a penalty, said Judge Bain, but to enable her to receive ongoing counselling. He told the defendant, a first offender, aged 18, who appeared before him in the District Court yesterday, he accepted that the symptoms behind the charges were of far greater problems facing her.

On the application of counsel (Mr E. J. Tait), final suppression of the name of the defendant was granted. Sergeant W. P. Creasey said the offences occurred at Palmerston North earlier this month. The defendant had claimed she was raped when walking through a square by , a man who held a knife at her throat, and by another person, also with a knife, at her flat.

Involved in the police investigation, which lasted 10 hours, were three detectives and a policewoman.

In the square incident the defendant claimed she received a cut to her chest with a knife, and that her shirt had been ripped in the second incident. Later the woman admitted to the police that both “rapes” had been fabricated. She gave no explanation other than to say she had a problem with alcohol. Mr Tait submitted the "offending” had been victimless and nobody had been accused. The matters occurred shortly after examination results became known.

The incidents were by way of being cries for help. Mr Tait said his client, and her family, acknowledged > the help they had received from the police. A number of medical reports were submitted to the Judge by Mr Tait. FRAUD OFFENCE Fines of $7.5 each, and the payment of $371 compensation, were ordered to be paid by a husband and wife who fraudulently incurred a debt for this amount after staying at Noahs Hotel for two days under a false name. The Judge told Geoffrey James Hornbuckle, aged 38, an electrician, and Irene Caroline Hornbuckle, aged 34, a housewife, both of Brisbane, that they would each serve three months in prison in default of immediate payment. Sergeant Creasey said the couple, who were in New Zealand on holiday from Australia, had checked into the hotel using false names and for two days they received accommodation, food, and services, valued at $371. They then left the hotel without settling the bill.

When apprehended they said they had been a bit drunk when they checked into the hotel, and that they had little money left. ’ A duty solicitor, Miss I. Mitchell, said the couple came to New Zealand for

the funeral of Mrs Hornbuckle’s father. When it was found to be inconvenient to stay with friends in Christchurch the couple went to Noahs. They gave no explanation for using a false name. The only money left in their possession was $250, and sAustlOO, she said.

INJURY OFFENCE Any resort to firearms was fraught with danger, the Judge told a youth who admitted shooting a friend at a birthday party at New Brighton on June 15. Hans Sacha Fogalele, aged 18, unemployed (Mr M. J. Glue), was fined $2OO after being convicted of causing bodily injury to Ross Edward Cameron by carelessly using a .177 calibre air rifle.

Sergeant Creasey said the offence occurred at 2 a.m. when the defendant picked up an air rifle, telling his noisy friend to sit down and be quiet. The victim walked up to the defendant and took hold of the rifle as Fogalele pulled the trigger. The shot hit him in the shoulder, causing a small wound.

Fogalele said he did not know the rifle was loaded. He only picked up the weapon to stop his friend from annoying other guests. While accepting the offence was not of a grave nature, the Judge said it made him wonder what would have happened if the shot had hit the friend in the eye.

On an unrelated charge of being found unlawfully in a building on November 15, last year, the defendant was convicted and fined $5O. CHARGES DENIED Charges of assaulting two policemen in the execution of their duty in Christchurch, on June 15, were denied by one of the Highway 61 gang. Randall James Savage, aged 25 (Mr D. C. Fitzgibbon), was remanded on renewed bail of $2400 to August 14 for a defended hearing. The charges relate to an attack on two policemen in which a police car was damaged outside the gang’s headquarters in Linwood. DRUG CHARGES Charges of taking a book, containing five cannabis cigarettes, into Addington Prison, , and possessing cannabis for sale, on May 16, were denied by Gloria Smith. Smith, aged 22, unemployed (Ms D. M. Shirtcliff), was remanded on bail to August 13 for a defended hearing. She was remanded to the same date for sentence after admitting possessing a pipe for the commission of an offence under the Misuse Of Drugs Act, on May 27. PERIODIC DETENTION Periodic detention for six months and supervision for 12 months was the sentence given to a man earlier convicted of 41 charges of presenting cheques to a total value of $2456, in the lower North Island in February and March.

Lindsay Peter Brundell, aged 26, unemployed (Mr A. James), had admitted the offending as well as a breach of parole and pos-

session of cannabis. Mr James said his client had been invited to “come clean” while at Invercargill, and, but for his admissions to the police, it was not likely that the 41 offences would have come to light. Although Brundell had a long history of offending it was considered that further imprisonment would be harsh. It would also have little if any reformative effect, said the Judge. While on supervision, the defendant was ordered to take treatment and counselling for his problem with alcohol.