Treatment order for man who smashed police station door

The Kawerau man arrested for using a pickaxe in attempts to smash his way into his local police station earlier this year will receive compulsory treatment as a mental health patient.

The 31-year-old defendant was found unfit to stand trial due to his mental health on charges relating to the April offending at Kawerau Police Station and two other sets of charges.

Judge Bidois held an involvement hearing to determine if, on the balance of probabilities, the evidence against the defendant is sufficient to establish that he was involved in the offending for which he has been charged.

He found that the defendant was in possession of a pickaxe at Kawerau Police Station on April 11 and intentionally damaged the station’s front door.

The judge also found that the man had resisted arrest on April 12 and assaulted two police officers. He said the defendant struck one officer on the head and chest, licked the other’s arm and spat at both.

The defendant’s involvement in multiple offences a month later in Whakatāne was also proven.

Judge Bidois said a police constable entered the post office to find the defendant holding posters he had removed from the walls. The defendant was escorted to a police vehicle and struggled with the officer.

On the balance of probabilities, the judge determined the defendant was involved in disorderly behaviour, resisting police and assaulting police.

Additional charges of wilful damage of a police sign and aggravated assault of police were dismissed due to lack of evidence.

The man was made an inpatient under the Mental Health (Compulsory Assessment and Treatment) Act 1992. Judge Bidois said he would be transferred back to Whakatāne when a bed became available and in time would return to the community.

Two family members were present in support during the hearing.

Man trashes house and car

Rotorua man Tumakoha Rikihana has been ordered to pay $1000 in reparation for damage he caused to a woman’s car when she refused to let him into her house.

Rikihana, 33, was sentenced to nine months’ prison at Whakatāne District Court on Wednesday.

He pleaded guilty to charges of wilful damage, breaching a protection order and possession of a meth pipe.

Judge Bidois said the offending occurred on September 5 when Rikihana was at the victim's home and she told him to leave. He proceeded to trash her house by tipping out drawers and throwing things around before leaving.

Rikihana returned that night and began knocking on the house windows. When the victim refused to let him in, he went into her car and cut up the driver’s seat, front passenger seat and sun visor.

The following day, Rikihana demanded to be let into the address again and was refused. He pulled out a knife and stabbed all four of the car’s tyres while looking at the victim.

The conviction was his sixth for breaching a protection order.

The reparation was split to be $800 for the tyres and $200 for the upholstery.

Pitchfork punctures victim’s arm

Whakatāne man Jessy Tihi has been sentenced to 10 months’ prison for possession of an offensive weapon and injuring with reckless disregard.

The court heard that Tihi, 34, was at the victim’s address in June when he became agitated. He fought with the victim, a family member, and another occupant, and threw punches at others.

Tihi threw a pitchfork at the victim, puncturing her in the arm. Police responding to the incident found him walking around with a pole.

Judge Bidois said Tihi had an extensive criminal history and was assessed as a high risk of reoffending. He noted that Tihi had suffered a brain injury, and rehabilitative sentences had been imposed without success previously.

Tihi may apply for the prison term to be commuted to home detention, but only at a residential rehabilitation facility. He will be subject to six months of release conditions.

He must also pay $300 in emotional harm reparations.

Two-year prison sentence

Kawerau man Grant Payne has been sentenced to two years’ prison for a raft of offending.

Payne, 54, received the sentence on charges of driving with excess breath alcohol, common assault, two breaches of a protection order, breaching bail, two breaches of release conditions, failing to remain stopped for police and escaping police custody.

Lawyer Jonathan Kay said the defendant accepted prison was inevitable, it was just a question of how long.

He said Payne had a lengthy criminal history, especially for drink driving. This time he had a breath alcohol level of 839 micrograms, and it was his 12^th conviction. The legal limit is 250 micrograms.

Payne had received bad news that morning, Mr Kay said, because a young family member had been seriously injured in a rugby accident. There were fears of paralysis and the defendant could not be with him.

The lawyer said Payne was raised in a violent household where intergenerational trauma was present. Exposure to family violence and alcohol misuse were recognised in a probation report.

These were his 14^th and 15^th convictions for breaching protection orders.

Payne was sentenced to two years’ prison. Judge Bidois refused to grant leave for substitution of the sentence due to the repeated nature of Payne’s offending.

He was disqualified from driving for a year and a day and will be subject to release conditions for six months.

Community sentence imposed

Kawerau man Wiremu Karepa must complete 140 hours of community work and 12 months of supervision as punishment for multiple offences.

Karepa, 35, appeared in Whakatāne Court from police custody after he was arrested for breaching a protection order and wilful damage by punching the rear window of the victim’s 2005 Peugeot.

He pleaded guilty to the new charges.

Judge Bidois sentenced Karepa on the new charges and existing convictions of possession of a knife in public, failing to stop for police, leaving a search location in breach of direction, and breaching community work.

Community detention had been recommended for Karepa, but the address where he would have served that sentence fell through, so the judge stepped back further to community work and supervision. Karepa spent five days in custody while on remand.

In addition to the community work and supervision, Karepa was disqualified from driving for a year.

He was ordered to pay $250 in emotional harm reparations and $643 towards fixing the car.

Offending denied

Joseph Ngaheu has been remanded in custody to a nominal date in November after he denied multiple charges.

Ngaheu pleaded not guilty to injuring with intent to cause grievous bodily harm, two counts of assault with intent to injure and two counts of threatening to kill.

Lawyer Leonard Hemi said the case was estimated to require a full day to be heard by a trial judge.

Ngaheu also admitted one charge of breaching an extended supervision order. He was sentenced to two months’ imprisonment.

Remand to Wellington

Tawera man Riini Poutu was denied bail this week on two new charges of breaching a protection order.

Poutu, 27, was remanded in custody to appear in Hutt Valley District Court next week at an already scheduled hearing on a raft of other charges.

Home D cancelled for foiler

Georgina Heurea was sentenced to three months’ prison after admitting breaching her home detention sentence.

Judge Bidois said Heurea was caught tampering with her ankle monitor by putting tin foil on it – known as “foiling” – and there was photo evidence of it.

The defendant had one month left on the sentence, which was cancelled and replaced with three months’ prison. Leave for substitution was refused.

At the conclusion of her prison term, Heurea will be released on bail to appear in court in November on drug charges.

She pleaded not guilty to possession of methamphetamine and possession of a pipe.

Readmitted to bail

Troy Green has been readmitted to bail after being arrested for breaching his curfew.

He was remanded to next week for sentencing on two charges of breaching a protection order. Green will also be expected to enter a plea to a third, unrelated, charge of breaching a protection order.

Burglar played music, had drinks

Coastlands man Redmond Huirua, 34, was sentenced to a short term of imprisonment for breaking into a shed, playing some music and consuming some drinks.

Judge Bidois said Huirua entered the address and was not able to gain entry to the shed until he used a rock to smash a window.

He was sentenced to five months’ prison for the burglary, including a one-month uplift to account for a cancelled community work sentence.

Huirua was remanded for three weeks on a separate charge of wounding with intent to cause grievous bodily harm. He has not yet pleaded to the charge.

Report ordered for sentencing

Manaaki Akuhata pleaded guilty to driving with excess blood alcohol, leading to his seventh conviction for drink driving.

Akuhata also pleaded guilty to careless driving. His blood alcohol level was 180mg per 100ml of blood. The legal limit is 50mg.

The court heard that his vehicle crashed and was written off.

Akuhata was remanded to December for sentencing.

Jury callover scheduled

A man accused of indecent assault maintains his innocence and will proceed to a jury callover.

His name suppression continues until his next appearance on November 21.

Charges denied

Israel Chesley has elected trial by judge alone on charges of assault on a person in a family relationship, breaching a protection order and common assault.

He pleaded not guilty to the charges this week and was remanded in custody to next month for a case review hearing.

Psychiatric assessment ordered for dementia patient

An Eastern Bay man in his 70s, who is currently living in a secure dementia unit, will undergo psychiatric assessment to determine if he is fit to participate in the court process.

The defendant has name suppression and is accused of indecently assaulting a woman aged in her 90s. Court documents state he was living in a care home.

He was not present at court this week owing to him being on a compulsory hold in the secure unit.

Lawyer Steve Franklin said one medical professional on the man’s care team believed he was not fit to stand trial. Mr Franklin said he was unable to get instructions from his client.

Prosecutor Bill Scott said police would be proceeding with the charge. He said the alleged offending was captured on video.

The defendant was remanded at large to early December for psychiatric investigations to be undertaken.

Disqualification avoided

Tawera man Morgan Aholahi has avoided further disqualification by applying to the court for a substitution of the sentence for a community-based one.

Aholahi, 42, was sentenced to 80 hours of community work and nine months of supervision for driving while disqualified.

He was indefinitely disqualified 20 years ago. He may not drive until the indefinite disqualification is lifted.

Bail granted

Kawerau man Phoenix Gemmell was released on bail this week despite opposition from police.

He pleaded not guilty to assault with intent to injure and one count of breaching release conditions. No plea was entered to a second count of breaching release conditions.

He was remanded to appear in December for a case review hearing.

Rehabilitative sentence

Whakatāne man Allen Tawhai has been released from police custody on strict intensive supervision conditions.

Tawhai pleaded guilty to breaching a protection order. Police withdrew a charge of obstructing an officer in the execution of their duty.

The court heard that Tawhai, 44, had been in custody for two weeks and had confirmed employment starting soon on an orchard, where he works every year with his family.

Lawyer Steve Franklin submitted that the remand in custody had already served as a punitive element and that the defendant now needed support to address his issues with alcohol.

Among Tawhai’s sentence conditions were to not consume alcohol and not associate with the victim, among several other special conditions.

He must pay $250 in emotional harm reparations.

No pleas

Waiohau man Michael Paintin has been remanded in custody without plea to next month.

Paintin, 20, was arrested and charged with a raft of alleged offences including impeding breathing or blood circulation, assault on a person in a family relationship, presenting an object like a firearm at people, failing to stop for police, driving dangerously, driving with excess breath alcohol and failing to comply with his obligations regarding a search warrant.

He is due to be sentenced in Hamilton District Court on unrelated charges at the end of the month.

Bail declined

Te Teko man Tommy Rangitakatu was remanded in custody for two weeks when Judge Bidois declined a bail application.

Rangitakatu, 45, was arrested and charged this week with unlawful possession of ammunition, unlawful possession of a sawn-off shotgun, possession of methamphetamine, possession of a meth pipe, and breaching his release conditions.

He did not enter pleas to the charges.

Custodial remand

Liam Tangira was declined bail on charges of unlawful possession of ammunition and a firearm.

He did not enter pleas to the charges.

Tangira, 22, was remanded in custody to October 15.