Police question defendant’s sobriety, but fail to get test

Police were unsuccessful in a bid to breath test a defendant appearing for sentencing on a drink-driving charge in the Timaru District Court on Thursday.

The sentencing of Taukere Wehi, 40, on a raft of charges, including drinkdriving – his 10th – had just resumed from the afternoon adjournment when police prosecutor Sergeant Grant Neal addressed Judge Dominic Dravitzki saying: ‘‘I suspect Mr Wehi has come to court quite intoxicated today’’.

Neal said he saw his request as a ‘‘full disclosure’’ in relation to submissions the defendant’s lawyer, Paul Bradford, had made ‘‘in relation to what he was doing to improve himself and change his ways’’.

‘‘If my suspicions are confirmed, and he came to court today in an intoxicated state, then it is not indicative of his willingness to change his way, especially on such an important day as today.

‘‘A number of court staff and police have said to me [outside of court] he [Wehi] smells of alcohol and has been exhibiting signs of intoxication. I suspect he is quite intoxicated,’’ Neal said.

‘‘I said to Mr Bradford that if he’s willing, and of course there is no obligation, or requirement, he could undergo a breath test. If it is zero then fine, no harm done.’’

Neal said Bradford had told him that he advised his client not to undertake the test.

Judge Dravitzki, in saying it was not appropriate for him to be involved in the discussion, sought assurances from Bradford that he was ‘‘comfortable in terms of me proceeding’’ with the sentence.

‘‘The issue [of intoxication] has never crossed my mind,’’ Bradford said, adding he had been in a room with his client and did not have any concerns.

Bradford’s early submission revealed Wehi was 14 when introduced to cannabis ‘‘which pretty much set him on his path’’.

Judge Dravitzki started at 22 months’ jail for the February offending, added 15 months for disqualified driving offences and two months for breaching bail and release conditions. Guilty pleas reduced the 39 months by 10 months, which Judge Dravitzki said ‘‘might be considered generous’’.

A further 15% deduction was granted as Judge Dravitzki ‘‘accepted Wehi’s background and very early introduction to alcohol and drugs’’ which reduced the sentence to 23 months, but a month was added for the aggravating feature of offending on bail.

‘‘The 24 months is just within the time frame for home detention, but I’m not prepared to convert this to home detention.

‘‘I consider the principle of sentencing in this case can be achieved by a sentence of imprisonment.’’

Judge Dravitzki also imposed a 15-month disqualified driving term and ordered drug and alcohol assessment and the undergoing of any courses as directed.