The saga of the death of George the cockatoo continues to draw out.
The matter was due to be finally resolved yesterday with the two remaining people accused of an involvement in his death, Justin Leonard Danby and Patrick Ian Murray, both 18, scheduled for defended hearings in Masterton District Court.
Both
were to defend charges of wilfully ill-treating an animal and entering a building without authority and with intent to commit a crime.
But a guilty plea from Danby, a sickness beneficiary, on reduced charges, making him a party to the killing of George stopped one of the defended hearings and delayed the other.
Appearing for Danby, lawyer Jane Johnson told the court, presided over by Judge Tom Broadmore, that her client's role in the incident was less than that of his co-offenders, and she sought a lesser punishment than that given to William Bennett, 17, who had pleaded guilty at his first appearance after his arrest to charges of animal cruelty and burglary.
He was sentenced earlier this year to 180 hours community service and ordered to pay restitution of $951 and banned from associating with the other two young men for a year..
Ms Johnson said Danby had not been in on the hatching of the plan, and his involvement had been limited to helping cut the fence to the bird's enclosure and holding it open as the others went in.
"The plan by the group started at home, and the defendant wasn't there. He was not part of the planning process. He met the others at the supermarket, and at that point became involved.
"His involvement saw him provide the tool to get into the cage. He took no part in killing the cockatoo."
She said he was deeply ashamed and embarrassed by the part he played in the affair, as was his family, and now accepts that the best course of action he could have taken when presented with the idea would have been to say "don't be so stupid" and walk away.
She said he lived with his parents and had a troubled past, greatly affected by a long history of illness for which he was currently receiving treatment. He had not been in trouble with the law before.
She said beneficiary Danby would struggle to repay any fines and a sentence of community work would be most appropriate.
When sentencing Judge Broadmore refrained from delivering much of a lecture to Danby about his crime, saying there would be little he could add about "this disgusting offence" that hadn't already been said.
He sentenced Danby to 120 hours community service, fined him $951, and barred him from associating with the other offenders for 12 months.
This conviction and sentencing meant that two of the three people charged in relation to the death of the cockatoo had now been disposed of on party-to type charges.
Louise Elder, lawyer for the remaining defendant Patrick Murray, who was called immediately after Danby, said Danby's version of events was considerably different to that of her client's.
"There is now a clear conflict between what each of these people are saying. Mr Danby and Mr Murray say quite opposite things."
She said now that Judge Broadmore had accepted that Danby was on the periphery ? "which is at odds with my client's version" ? there was now a conflict between what the judge had just heard and ruled on and what he would hear in a defended hearing for Murray.
Judge Broadmore agreed, saying everyone deserved a "fair crack of the whip" and adjourned Murray's day in court until September 5, to be heard by another judge. Murray was also appearing on assault, reckless driving, weapon and breach of supervision charges, dating from July 24. He admitted one assault charge and entered not guilty pleas for another assault and the weapon and driving charges.
He was remanded on bail to reappear for a status hearing for those charges on September 29.
The saga of the death of George the cockatoo continues to draw out.
The matter was due to be finally resolved yesterday with the two remaining people accused of an involvement in his death, Justin Leonard Danby and Patrick Ian Murray, both 18, scheduled for defended hearings in Masterton District Court.
Both
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