Staff Reporter
Driver jailed
A repeat offender has been jailed for 18 months after a string of mainly driving offences across the end of last year and beginning of this year.
Blair Edmonds appeared for sentencing at Whakatāne District Court on Wednesday before Judge Christopher Harding.
He had been remanded in custody on charges of driving while disqualified, breaching community detention, failing to give his name to police, driving at a dangerous speed, driving contrary to an alcohol interlock licence, speaking threateningly, refusing an officer’s request for blood and unlawfully taking a motor vehicle.
Judge Harding said Edmonds drove a vehicle without an alcohol interlock device in February.
He was caught driving at a dangerous speed, but refused to tell police who he was or give them a blood sample to be tested for alcohol.
The judge said he spoke threateningly to one of the constables who dealt with him.
Lawyer Kylee O’Connor said the charge of unlawfully taking a vehicle related to Edmonds driving his cousin’s vehicle.
She said there was some suggestion that the car had been reported stolen to prevent it being confiscated, because the rightful owner had let a disqualified driver use it.
Edmonds returned it with some damage and has been making payments – $150 to date – towards fixing it.
Judge Harding said factors identified as contributing to Edmonds’ offending were severe alcohol and cannabis use disorder which were in early remission, nicotine use disorder, possible PTSD and foetal alcohol syndrome, among other background factors.
Edmonds sought a sentence of home detention.
An assessment deemed the address to be technically suitable, but his previous non-compliance was an issue.
Ms O’Connor said Edmonds now had the support of whānau at the address.
Judge Harding said Edmonds was not suitable for home detention because his alcohol and drug issues meant he would not be able to comply meaningfully with the sentence.
He said that might change once he received help for his current difficulties and acknowledged that he had been making progress.
Edmonds was sentenced to 18 months’ imprisonment followed by six months of release conditions.
He was disqualified from driving for 18 months and will then be subject to a zero-alcohol licence for three years.
Sentencing scheduled for child assault
A woman who admitted assaulting Te Teko boy Rickah’Shae Keefe-Haerewa has been remanded in custody until sentencing in August.
Katarina Martin-Tihi yesterday admitted breaching her home detention sentence, in addition to two previously admitted charges of assaulting two children.
One of the children was Rickah’Shae, who later died in circumstances that led to murder and manslaughter charges being laid against other women.
Martin-Tihi was remanded in custody to August 6. A new pre-sentencing report was ordered, but the judge did not order a home detention appendix because he said the sentence seemed “highly unlikely.”
Man drove on footpath, pinned girl to fence
A man with a revoked licence has admitted driving at speed onto a footpath during a kapa haka festival, resulting in a teenage girl being pinned to a fence by his car.
Steven Rowe, 74, had a blood alcohol level of 106 milligrams at the time. The legal limit is 50 milligrams.
He pleaded guilty yesterday to aggravated careless driving causing injury, driving while his licence was revoked and driving with excess blood alcohol.
According to the police summary of facts read aloud, Rowe’s licence was medically revoked in 2018.
On October 27, while the Ngāti Awa Te Toki Kapa Haka Festival was on, he drove his sedan at speed on Gwenda Ruegg Way near the Whakatāne Aquatic Centre.
Police prosecutor Stephanie Tattersall said the area was busy because of the kapa haka festival, with people frequently crossing the road and the footpaths were crowded.
Rowe drove to the end of the road and accelerated, mounting the footpath and causing people to have to run out of his way.
He hit the victim and pinned her to a fence.
The victim was taken to Whakatāne Hospital with injuries to her hips and thighs, and a concussion.
When questioned by the police, Rowe stated that he was unable to speak, Ms Tattersall said.
Rowe was remanded on bail to August 6 for sentencing. Restorative justice is to be considered.
Bail declined
Keelin Ruru has been remanded in custody until a case review hearing in August.
He made an application for electronically monitored bail yesterday and was declined.
He will next appear with co-offender Aaron Raki for a case review hearing on charges of unlawful possession of a pistol and unlawful possession of a police radio.
Name suppression continues for alleged flasher
A Whakatāne man accused of flashing people on Whakatāne bridge, grooming a young person for sexual conduct and doing an indecent act upon a young girl will keep his name secret for now.
The man, aged in his 50s, appeared for case review yesterday.
Police laid a new charge of doing an indecent act upon a girl younger than 12, which replaced an earlier charge of other indecent assault.
No plea was entered
Lawyer Lisa Ebbers, who appeared on behalf of the defendant’s assigned counsel, sought interim name suppression on the new charge.
She said the defendant had applied for name suppression at his first appearance and was denied, but was appealing that decision. Police did not oppose the application.
Police sought to add another bail condition of not to consume alcohol.
Judge Harding granted interim name suppression but noted it was solely because of the current appeal. He said it would expire at the earlier of either the defendant’s next appearance, or the result of the appeal.
A further case review hearing is scheduled for August 8.
Assaults denied
Teariki Araipu has denied four charges.
He pleaded not guilty on Wednesday to strangulation, aggravated assault, breaching a protection order and breaching release conditions.
He was remanded to the end of next month for a case review hearing.
MPI charges clarified
A woman who admitted three charges taken against her by the Ministry of Primary Industries has not had any convictions entered yet.
Shantell Munro pleaded guilty this week to two counts of contravening the Fisheries Act for benefit, and one of other breach of the Fisheries Act.
Crown prosecutor Tobias Taane, acting for MPI, withdrew 11 other counts of contravening the act for benefit.
He sought that Munro was not convicted on Wednesday because it would trigger the automatic forfeiture of vehicles, some of which did not belong to the defendant.
Judge Harding granted the application.
Defence lawyer David Pawson sought that the prosecutors file a new summary of facts prior to sentencing, now that 11 charges had been withdrawn.
Judge Harding ordered a pre-sentencing report and remanded Munro for sentencing on July 30.
Sex offender back in court for living in car
A registered sex offender, who the Beacon has chosen not to name, appeared in court this week on a charge of failing to comply with his reporting obligations.
The court heard the defendant was subject to specific reporting conditions due to being on the sex offender registry, one of which was to report if he had changed address.
In late March, police called the address he was meant to be living at to arrange a visit. They were told he was no longer there.
He had said he was going to a family member’s home in Tauranga, but police found him living in his car on State Highway 36.
Lawyer Whare Hika said the defendant left his address in the Eastern Bay due to a “compromising situation” at home. He said the defendant decided to leave his registered address due to unauthorised young people being there.
The judge heard the defendant had not breached any of his other obligations and now had both a job and somewhere to stay.
The defendant was ordered to come up if called upon for six months.
Breaches of sentence admitted
Te Hurahanga Cooper has been remanded to the end of next month for sentencing on charges of breaching his community work and post detention conditions.
The court heard Cooper had failed to report to his local probation office, as required by his post detention conditions, which came into effect in November.
Duty lawyer Alexandra Dawick said there was confusion over the post-detention conditions and Cooper thought he had finished them.
In terms of the community work breach, Cooper had completed 63.75 hours of his 80-hour sentence when he was charged for the breach.
He has since completed another 10 hours.
Cooper was remanded on bail for sentencing on July 30.
Short remand for case review
A man being held in custody on six charges has had pleas entered on his behalf, in the absence of his lawyer, with a short turnaround on case review hearing.
Piki Herewini has been charged with theft, threatening to kill, possession of an offensive weapon, resisting police, possession of a pipe for cannabis and wilful trespass.
His assigned lawyer was not present on Wednesday, and a duty lawyer attempted to get instructions, but was unsuccessful. She said he appeared to dispute most of the charges, but that he would not instruct her about plea.
Judge Harding said Herewini was six weeks into the court process, so pleas needed to be entered.
Not guilty pleas were entered on Herewini’s behalf.
The judge ordered Herewini to reappear on June 27 for a case review hearing, rather than a six-week remand, which is typical for the process.
“It is not acceptable that Mr Herewini sits in custody on relatively minor charges when there is a possibility of resolution.”
Trial for self-represented man
A judge alone trial has been scheduled for Scott Elley to defend himself against a charge of possession of cannabis.
Elley, who is self-represented, was directed multiple times by the judge to stand in the dock.
The defendant protested until Judge Harding told him that he would be held in contempt of court and placed in custody unless he entered the dock. Elley said he did so “under duress.”
Police allege they found 70 grams of cannabis in Elley’s car. The defendant said he did not accept it was cannabis, and the judge confirmed all matters would be an issue to be proven at trial.
A two-hour trial was scheduled on October 10.
Claim of innocence maintained
Paula-Jane Ruck has maintained her not guilty pleas on charges of obstructing police and resisting police.
She appeared for case review hearing on Wednesday and lawyer Kylee O’Connor confirmed that while a resolution had been proposed, it had not been accepted.
She requested a new case review hearing because she was still waiting on disclosure from police. Ms O’Connor said she could not indicate how long a trial would take because she had not been able to analyse the case properly without the disclosure.
Judge Harding remanded Ruck to reappear in August. He noted that in the absence of disclosure, the charges may be dismissed.
Jury callover
A Whakatāne man who denies two sexual offences involving young people is proceeding to a jury trial.
The defendant, who has name suppression, has pleaded not guilty to indecent assault of a female younger than 12 and indecent communication with a person younger than 16.
He was remanded on bail to appear in Tauranga District Court on September 26.
Burglaries alleged
Courtney Koopu appeared via audio-visual link on a raft of charges.
He faces charges of burglary, being unlawfully in an enclosed yard, failing to remain stopped for an enforcement officer, consuming methamphetamine, prohibited display of gang insignia, assault with a blunt instrument and resisting police.
He was remanded in custody to reappear on July 2.