Farmer skins live animal on livestream
The Ministry of Primary Industries has become involved in a case where a farmer allegedly skinned a cow while it was alive.
MPI lawyer Ayla MacTavish was in the Ashburton District Court to represent the ministry against the farmer, who has interim name suppression.
The case will boil down to a “battle of the experts” when it gets underway in April, the lawyer Grant Fletcher said.
“The allegation in this case, is that [defendant] euthanised a cow.
“For reasons which… well, one can only fantasise why, the event was livestreamed.”
The cow was to be turned into “dog tucker,” but MPI is concerned that the method of euthanization might now have killed the animal.
“The MPI allegation is that it was alive when it was skinned.”
The farmer, with the assistance of two others, slit the cow’s throat and then shot in the head with a .22 magnum rifle - “which isn't exactly a high power rifle,” Fletcher pointed out - before skinning it.
Fletcher said ballistic experts would need to be consulted, amongst a number of specialists, to determine when the cow died.
“Everything hinges [on] how long our experts take.
“You know how experts can be.”
Judge Dravitzki remanded the farmer at large until the April hearing.
Trucker caught drink driving
Rizvy Farhaz, 37, was driving a loaded freight truck through Rakaia when police singalled him to stop.
He failed to do so, and was observed weaving on the road and crossing the centre line twice before police were able to stop him at Chertsey.
He blew a breath alcohol level of 449 micrograms - the legal limit is 250 micrograms - and told police he had three cans of 5% alcohol before getting behind the wheel.
Duty lawyer Tiffany McRae said Farhaz had two previous alcohol-related charges.
She asked he be spared from a sentence of community work, as his health woul not allow him to complete it.
“This is not a simple matter,” Judge Dravitzki said.
“As someone who uses that road, and many people in this room do use it daily, it is incredibly concerning that someone driving a heavy vehicle was intoxicated to that extent.”
Farhaz will reappear in March for sentencing.
An uncommon request
A District Court judge apologises to a defendant for not being able to progress his case, pushing his court matter out for another month.
Eiffelton man Mark Andrew Hobbs, 52, was caught drink driving with 600 micrograms of breath alcohol in his system.
He and his father had entered a “section 94 application” - while Hobbs was expected to receive a mandatory disqualification, a successful application would essentially convert that to community detention or service time.
Judge Dravitzki wanted to deal with Hobbs’ case that day, but said medical issues made it tricky to navigate.
“Its [uncommon] for you not to be disqualified on this type of offending.
“What you're asking for is a really significant departure from norms.”
Lawyer Cory Shaw said Hobbs’ licence had been revoked, but he had regularly been in contact with medical professionals who weren’t concerned about the man’s fitness to drive.
“I appreciate, though, that this is a challenging situation,” he said to Dravitzki.
Police sergeant Trevor Holman said he understood why the judge wanted to deal with the case, police wanted more time to investigate Hobbs’ medical fitness and collect receipts, “as a matter of public safety”.
“Medical notes [we have] are predated to the notes that arrived to court today.”
Dravitzki ordered Hobbs’ supported by his father, to return to court in February after evidence had been compiled.
“I’m sorry to Mr Hobbs and his father.”
But he wanted to get a point across before they left the courtroom.
“I’ll say this; Mr Hobbs needs to understand, if he continues to drink and drink, he is not going to have a licence.
“It doesn’t matter if he lives on the moon, it will be a huge imposition to him.”
Hobbs is remanded on continued bail with conditions not to drive with any alcohol in his system.
Cancelled sentence
Richard Jackson Bishop, 25, appeared in the Ashburton District Court last July for a long list of drink driving offences.
“It was an extremely high level, and you have a history of driving with alcohol,” Judge Dravitzki said.
He said a sentence of community detention was imposed “to help Mr Bishop to address the alcohol issue.”
But Bishop was back in court to apply for cancellation of his remaining detention time.
Duty lawyer Paul Bradfrod said the young man wanted a fresh start and was hoping to move to Australia.
“He’s potentially got a work offer at a roofing company in Brisbane,” Bradford said.
“I suggest sir that we cancel the sentence and allow him to move on with his life.
“Get him away from here and off to a new start.”
Corrections said while Bishop had made some progress, he had not completed the detention period.
“He hasn’t completely completed the [course], but it may be better for him to move on,” they said.
“Corrections aren't opposed to your remaining community supervision being cancelled.”
Dravtizki wasn’t opposed to granting the cancellation, but had some stern words for Bishop.
“I would really encourage you to reflect on your alcohol [consumption].”
“If you don’t address your issue with your alcohol, you’re just going to end up in trouble in Australia too.”
Dravitzki granted the cancellation of Bishop’s remaining community detention
“He’s got no enthusiasm”
A Netherby man with a “history of non-compliance” was given one last chance to avoid jail in the Ashburton District Court.
Richard Sidney Parore-Ruka, 30, was in court for his second hearing after landing a third drink driving charge.
Judge Dravitzki said the Netherby man had no interest in addressing his alcohol issues.
“He says he’s quite happy to go to jail.
“He’s got no enthusiasm. He’s tied the court’s hands, really.”
Parore-Ruka was told to find an address appropriate for electronically monitored (EM) bail before his next court appearance.
“If it's me, and you come back to court without an address for EM…
“You’ll get sent to jail.
“And I know you think that’s fine, but I don’t think that’s what you really want.”
Turning life around
A gang member who was in court for a drug-induced assault and burglary is turning a new leaf in his life.
Brook Michael Warena, 31, was one of two people who had entered the victim’s property on a night in August.
The victim surprised the two men, and one ran off while the other “threw punches”.
“In explanation,” Judge Dravitzki read for the summary of facts, “you told police you were on drugs at the time, and you were told you to do this by another gang member.”
The lasting emotional and psychological trauma has left the victim “watchful and weary,” and police sergeant Trevor Holman said reparations of over $5000 was sought.
The premeditated nature of the attack - both men were wearing balaclavas - and Warena’s gang affiliation would be considered by the court.
“Much more relevantly, you have a long history of violent offending.
“Against that background, a starting point of two years imprisonment is argued for by police and defense counsel.”
Dravitzki said Warena’s childhood had been “marked by violence” and had prompted an “early onset of drug use,” but Warena had begun turning his life around.
“You’re engaged with the church, you are working, you have a positive address.”
He was successfully abstaining from the use of methamphetamine, and had full time employment on a dairy farm for the “first time in his adult life”.
“Mr Warena is entitled to a reduction, undoubtedly.”
A potential 28 month prison sentence was reduced to 19 months for an early guilty plea, and Warena’s positive life progress. That could be converted into nine months and two weeks of electronically monitored home detention.
“I think when gang members commit burglary at night, they can expect to go to jail.
“I can stop just short.”
Stolen boat
Colin Micheal Duffy Scott, 33, was in court to receive a sentencing indication on a charge of receiving stolen property.
In November last year, the victim’s Surtees Game Fisher boat was parked in Ashburton.
Scott was seen driving a car with the boat attached that evening, and the boat was larter found “burnt out” by police.
Scott said he had been asked to move the boat by someone at a party he was attending.
“You’d been there about 10 minutes and someone asked if they had a licence and were able to drive a car.”
Scott was dropped off to where the car and boat were parked.
He refuelled at a gas station, which he claimed was proof he did not intend to steal the vehicle.
“What you say is that you simply didn’t know it was solemn, and of course if you had [known] you wouldn't have been so obvious as to take it into a gas station, and certainly wouldn’t have used your own credit card [for fuel].”
While the elements of the case indicated “wilful blindness” to the crime, Scott had not gained anything by transporting the boat.
The insurance estimate for the boat was over $105,000, and Scott should expect to help pay the excess, Dravitzki said.
The starting point for a crime of such gravity would be an 18 month prison sentence, but Scott’s situation warranted a reduction.
“You have no dishonesty history at all, you’ve got minimal criminal history at all.
“And there’s a lack of premeditation and financial benefit.”
He said Scott would most likely receive a “lengthy” sentence of home or community detention when he was sentenced in March.
“A lot to unpack”
Chloe Stannard, 22, was in court on assault and wilful damage charges
Her family, the victims in this case, were there to support her for her hearing.
“There’s quite a lot to unpack for her,” lawyer Grant Fletcher said.
“I think we are going to need an alcohol and drug assessment.”
Judge Dravitzki said he wanted to see both the assessment and an attempt at restorative justice made.
“It is certainly something that can be looked at.”
She will reappear in April for sentencing.