Michael Hill burglar’s sentencing delayed

The scheduled sentencing of one of the young men who burgled Whakatāne’s Michael Hill store in May has been adjourned to an unspecified date in the new year.

Rūātoki man David Hampton, 23, pleaded guilty in August to a charge of committing a burglary with a weapon after initially denying his part in the offending.

His three co-defendants have pleaded not guilty and are due back in court in December.

They have all been in custody since being arrested following the daylight burglary.

Judge Louis Bidois heard this week that Hampton had been accepted to a nine-month rehabilitative programme at the Grace Foundation.

Defence lawyer Rebecca Plunkett said reports from the foundation said Hampton had displayed “exemplary behaviour” and was participating fully in the programme.

Hampton was remanded to a nominal date in March, at which point the court would look to schedule a sentencing hearing.

His attendance was excused as long as he was still at the Grace Foundation.

Bail granted

Judge Bidois granted a bail application on behalf of Te Rangi Whetu Keepa, despite police opposition.

Keepa, who is in a wheelchair after a series of surgeries on his leg, has denied charges of presenting a firearm at a person, unlawful possession of a firearm, possession of cannabis and possession of methamphetamine.

The judge set bail conditions including an overnight curfew, non-association with the complainant and others named by the police, not to possess a firearm or ammunition and not to leave the Eastern Bay except for medical reasons.

Keepa was remanded to reappear for a case review hearing in January.

Threatening texts admitted

Whakatāne man Charles Tihi has admitted perverting the course of justice by sending texts to two women, threatening them to withdraw their police statements.

The 24-year-old also pleaded guilty to two assaults and a representative charge of threatening.

The court heard Tihi’s offending was triggered by him being told he was being sought by police for an alleged kidnapping, which led him to act out of desperation not to be taken down for something he did not do.

He initially pleaded not guilty to the Crown prosecution charges.

Tihi was remanded in custody to February for sentencing. Restorative justice was directed.

Last of the Tāneatua rioters appears

A case that has been kicking around in the court system since 2022 may soon come to an end as the last of a group of men who became known as the “Tāneatua Rioters” appeared in court.

Lee Beale, 20, was originally arrested and charged alongside a group of other men with rioting and two counts each of assault with intent to injure.

His co-defendants have already been sentenced.

Beale has since been charged with offensive behaviour, driving with a breath alcohol level above 400 micrograms per litre of breath, and two counts of failing to appear in court.

He was remanded in custody without plea until next week because his lawyer had only recently been assigned and received disclosure.

“Broke; out of money”

A man who picked up a lost debit card and spent $464 with it has given a judge a very frank reason for his actions.

“Broke; out of money,” self-represented William Pire Monika said when prompted by Judge Bidois.

Monika pleaded guilty to a charge of using a document for pecuniary advantage, his first conviction in about two years.

Judge Bidois heard that although Monika had 65 hours of community work outstanding, he was consistently chipping away at it.

He sentenced the defendant to a further 100 hours’ community work and ordered him to repay the money he stole.

Bail application dismissed

A bail application submitted for Cruz Nikora Huata was dismissed this week.

An assessment found the address submitted by the defendant and its occupants to be unsuitable for bail.

Huata's lawyer requested the application be adjourned for two weeks, so bail could be further canvassed, but Judge Bidois said with neither the address nor the occupant determined to be suitable, the application would be dismissed, and a fresh one could be made instead.

Huata has denied a raft of charges including assaults of adults and a child, threatening, possession of an offensive weapon, causing harm by posting digital communication, escaping police custody and breaching bail.

A judge-alone trial has been scheduled in February.

Huata is next due in court at the end of the month for a case review hearing.

Flip flop on lawyer’s assignment

Tawera man Clement Makamaka attempted this week to dismiss the lawyer assigned to act for him by legal aid, a week after requesting representation.

Makamaka pleaded not guilty last week to charges of disorderly behaviour and threatening to kill, which joined other denied charges of assault with a blunt instrument, common assault, threatening to kill, speaking threateningly, two additional counts of disorderly behaviour and another count of behaving threateningly.

He opted last month to be self-represented, but said at his last appearance that he would like to be assigned a lawyer.

Defence lawyer Leonard Hemi was assigned at short notice and requested an adjournment to allow him to consult with his new client, but Makamaka interjected.

“I plead not guilty your honour and I would like to be heard in te reo on a day at your convenience,” he told last week’s judge.

This week, when Mr Hemi stood to address Judge Bidois, the defendant objected via audio-visual link.

“Stand down. You're not representing me; you’ve been fired.”

It appeared unlikely that Makamaka would be granted bail, but an address check following the appearance proved fruitful.

Makamaka was granted bail and Mr Hemi was instructed by the judge to stay on in assisting the court with the case.

Lawyer reassigned

A reassignment of lawyers at a defendant’s request has delayed his case by a month.

Uira Mahuta Hone Eruera has separate proceedings happening in both the Manukau and Whakatāne district courts and requested to be represented by the same lawyer for both.

He is charged with kidnapping, two breaches of a protection order, and using a restricted weapon.

Eruera was remanded on the Whakatāne matters to December 5 for plea.

Further adjournment

Kawerau man Ngamanu Justice Ruri has been remanded in custody for another month to allow his lawyer to take instructions on the more serious charges he faces.

Ruri, 34, is charged with rape, aggravated robbery, and assault with a blunt instrument along with two co-defendants, in addition to obstructing a search warrant. He has not pleaded to the charges.

The defendant also faces three driving charges of failing to stop for police, reckless driving and refusing an officer’s request for blood, all of which he has denied.

The case was adjourned to December.

Judge grants final chance

A father of five is facing a Christmas in prison if he does not complete his community work sentence.

Dennis Alex Joseph Apelu appeared in court this week on a charge of breaching community work. He was supported by his wife and two of their youngest children.

Judge Bidois said Apelu had completed just one day of community work and heard that he was now employed casually while his wife worked six days a week.

He was previously told that if he did not make progress on his sentence, he would be sent to jail for a month.

The judge suggested Apelu’s wife stop working on Saturdays to enable the defendant to attend community work.

“It’s pretty sad when you’ve got to bring your kids along to try and make it harder for me to send you to jail, but I will,” Judge Bidois said.

He ordered Apelu to return to court a week before Christmas and said the defendant must attend community work every Saturday before then, or he would go to jail.

“You can bring your whole family on December 18, but it won’t make a difference. It will be on you if they have a sad Christmas.”

Bail variation denied

Judge Bidois has denied a bail variation request from a man facing a charge of indecently assaulting a girl younger than 12.

The man, who has name suppression, pleaded not guilty to the charge this week and was remanded to a case review hearing in January.

He requested to have his bail address changed but was declined.

A bail condition that prevents him from associating with people younger than 18, unless in the presence of their parent or guardian, remains in place.

Case to go to trial

A couple who have denied multiple counts of threatening and violence charges, including against children, are heading to trial.

Nicoala Moke and Jayjay John-John Te Are have each been charged with three counts of assaulting a child, three counts of threatening to kill, assault with intent to injure, injuring with intent to injure, illtreating or neglecting a child, and breaching bail.

Te Are also faces additional charges of injuring with intent to injure and illtreating or neglecting a child, and breaching community work.

Moke has been charged with breaching supervision.

The court heard this week, the pair intend to maintain their not guilty pleas and head to a judge alone trial.

Due to the number of charges, witnesses and issues the defendants take with the charges, the trial is expected to take multiple days.

Moke and Te Are were remanded on bail to a nominal date in February.

Dangerous driver fined

A Whakatāne woman charged with dangerous driving between Whakatāne and Rotorua, while also being in possession of cannabis and a pipe, has been fined and disqualified from driving.

Hope Wilson last appeared in Whakatāne District Court on the charges in September, when she pleaded not guilty to them and was transferred to Rotorua District Court for a case review hearing.

The case was transferred back to Whakatāne when Wilson changed her pleas to guilty.

In September, she was sentenced to supervision for a series of similar offences.

The court heard this week that Wilson had not engaged in the sentence and could not do community work.

Judge Bidois said the only option left was a fine.

Wilson was fined $400 for driving dangerously, and $250 each for possession of cannabis and the pipe, totalling $900.

She was disqualified for six months from March next year, when her current disqualification ends.

Good behaviour bond

Whakatāne man Tipene Eruera Kereopa Kameta has been placed on a 12-month good behaviour bond after he breached his home detention sentence by consuming cannabis.

Kameta pleaded guilty to the charge this week.

He received the home detention sentence in June for violence, driving and drug-related charges.

Judge Bidois heard that Kameta was engaged with Tūhoe Hauora, with a representative present in court for support, and was actively trying to get back on track.

Kameta was ordered to come up if called upon for a period of 12 months.

Trial date set

A judge alone trial has been scheduled in May next year for Te Kanawa Warren Barcham to defend himself against a charge of refusing an officer’s request for blood.

Defence lawyer Rebecca Plunkett said he challenged the claim that he refused the request.

The trial was set for May 23.

New year sentencing

A repeat drink driver who has previously received home detention for his offending has had a sentencing date scheduled in January.

Derek Heke Nui Hawere Kupai pleaded guilty this week to driving contrary to an alcohol interlock and being an alcohol interlock licensee, whose breath contained alcohol.

Judge Bidois said the likely start point of the sentence would be jail.

Charges denied

Tom Hunt has denied three violence charges and one of intentional damage.

Hunt pleaded not guilty this week to assault with a stabbing/cutting instrument, assault with a blunt instrument and assault on a person in a family relationship.

He was remanded on bail to mid-January and was granted leave not to elect a judge or jury trial yet.