Ashburton party-goers convicted

Press, 7 April 1987, Page 8

Ashburton party-goers convicted

Ashburton reporter Two parties which had to be cleared by the police had their sequel in the District Court at Ashburton yesterday before Judge Hay when all those involved defended charges against them. In the first, on January 25, Justin Edgar Smith (Mr Chris Robertson), Baden William McDowell (Mr David Welsh), Gary James Heseltine and Simon O’Grady (Mr Robertson) were charged with trespass.

The defendants said they heard in the Ashburton Hotel of a party in a flat and went there uninvited. However, no-one objected to their presence.

The Judge said no-one left when requested, and he was satisfied that all

were in a position to hear the owner’s request for them to do so. All took their time about moving, but he was pleased there was no violence. He also found an insulting language charge against O’Grady proved.

Each defendant was fined $l2O with $35 costs on each charge. Graham Charles Fairbairn pleaded not guilty to disorderly behaviour, Christopher William O’Grady to obscene language, Simon O’Grady to disorderly behaviour and using insulting words, and Justin Edgar Smith to disorderly behaviour and breaking bottles in public. All were represented by Mr Robertson.

Again the defendants gave evidence, Simon O’Grady apart, which re-

jected the police account of events, but the Judge found all but one charge proven. He dismissed the behaviour charged against Smith.

Judge Hay fined all defendants $l5O with $35 costs on each charge. Fairbairn, who had pleaded guilty to driving with a blood/alcohol level of 128 milligrams and of possessing cannabis in an unrelated incident was fined $l5O with $35 costs on the cannabis and behaviour charge, and ordered to do 120 hours community work for the

alcohol charge. Noting that there was a previous conviction related to alcohol and driving in 1984, Judge Hay disqualified Fairbairn from driving for 12 months.