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Lifelong friends fall out over an unreturned car

Lifelong friends fall out over an unreturned car

The story of lifelong friends who fell out over a borrowed Nissan Sunny played out in the Ashburton District Court on Tuesday.

Tia Carla Mayla Winitana appeared before Judge Campbell Savage for a judge-alone trial, having earlier denied a charge of taking a vehicle for her own use.

The 44-year-old claimed she was unable to return the car because someone from North Canterbury, who she refused to name, had it.

Winitana claimed she had paid $500 to get the car back and had planned to return it to her friend. But the police stopped her two days after collecting the car, and before she'd managed to return it.

Through blurred timelines and conflicting evidence, it emerged that Winitana was going through health issues and a relationship breakup when she was loaned "the green car" by a friend in October 2022.

The agreed period was 14 days and Winitana returned the green Toyota after 14 days.

Shortly (or possibly immediately) after that, the friend loaned Winitana her white car - a Nissan Sunny.

Winitana claims the loan was open-ended. The friend claims the agreed period was for three or four months.

When the green car broke down, Winitana's friend asked her to return the white car so she could take her son to school.

The car wasn't returned and was eventually reported stolen. Exactly when it was reported stolen is not clear.

However, fast forward to April 18, 2023, and Winitana was stopped by police for driving a stolen car. Some cannabis and two drug utensils were found in Wintiana's possession and the number plates of the Nissan Sunny had been changed.

At the time, Winitana told the police she had bought the car off Facebook Marketplace.

She was eventually charged with taking a vehicle for her own purposes.

In giving evidence this week, Winitana said a friend was driving the car for her near Amberley to help her move her belongings because she was too sick to drive.

The car broke down with what she believed to be radiator issues and the driver emptied the belongings and left the car at the side of the road.

The abandoned car was picked up by somebody else, which meant Winitana was not able to return it.

Winitana put the word out that she wanted the car back. She was told she could collect the car but had to pay $500 to cover the repairs.

She refused to name the person who drove her or the person who had the car after it was abandoned.

Under cross-examination Winitana maintained the number plates had been changed by someone else and that she had intended to return the car to her friend.

Judge Savage said the police had to prove that Winitana had the necessary guilty intent to deprive the owner of the possession of her car.

At some point in North Canterbury the car overheated and she effectively lost control of the vehicle, the judge said.

"On her narrative, the vehicle broke down and was left at the side of the road.

"It was collected by somebody she won’t name to preserve her own safety and restored to running condition. Then she was told it could be collected, but she had to pay $500."

Judge Savage said he could not rule out the possibility that Winitana had effectively lost control of the vehicle until she paid for its return.

The charges against Winitana were dismissed.

Intimidation with imitation pistol

A man due to appear for a judge-alone trial on charges that included intimidating someone with an imitation pistol has changed his plea.

Patrick Kewene O’Conner, 30, had earlier denied a raft of charges but changed his plea to guilty after the police withdrew charges of cultivating cannabis and the unlawful possession of a bolt action rifle and rounds of ammunition.

He admitted a charge of assault with intent to injure and threatening his victim with an imitation pistol on April 12 last year.

O'Conner also pleaded guilty to a charge of the unlawful possession of a knife on February 14, 2023.

The court was told that O'Conner had moved to the North Island.

He will appear for sentencing on August 1 in the Palmerston North District Court.

By Sharon Davis