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Home / Rotorua Daily Post

Wheelchair user, 51, guilty of disorder

Katie Holland
By Katie Holland
Deputy editor·Rotorua Daily Post·
7 Jun, 2013 12:54 AM3 mins to read

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A Mamaku sickness beneficiary has admitted a range of disorder offences, including abusing police and resisting arrest.

David Barry Swinburne, 51, who has one leg and is confined to an electric wheelchair, pleaded guilty in the Rotorua District Court on Friday to six charges - offensive language and obstructing police on December 9, insulting language, resisting arrest and possession of an offensive weapon on February 3 and insulting language on February 8.

Judge James Weir sentenced him to nine months' supervision and ordered him to undergo counselling.

According to the police summary of facts, on December 9 Swinburne approached a police traffic stop in Mamaku and became abusive towards the police officer.

It said Swinburne repeatedly swore at the officer, called police "f***** bullies" and told the young rider who had been stopped not to speak to police.

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Swinburne's lawyer Andy Schulze said his client accepted he had "overstepped the mark" and said he later rang and apologised to the officer.

On February 3 police were called to a Mamaku address where Swinburne was threatening the occupant from across the road, accusing him of being a paedophile.

Later that day police went to Swinburne's home and attempted to arrest him, but he refused to accompany them and used obscene language.

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At one stage Swinburne picked up a crossbow and bolt and said "what do I have here", the summary said.

However, Mr Schulze said Swinburne only had the crossbow "momentarily" and did not present it at anyone.

The final incident on February 8 involved an acquaintance of Swinburne's.

According to the summary of facts, while parked outside the Post Shop in Ngongotaha he called out to her in an aggressive manner, telling her to "watch her back" and that he was going to "take her down". She was scared to leave the shop, the summary said.

Mr Schulze told the court Swinburne suffered ongoing pain issues that impacted on his mental wellbeing. "Regrettably at times he overreacts."

In sentencing, Judge Weir said the explanation for Swinburne's offending could be found in the medical reports.

"You have my sympathies for issues you have to face but at the same time some people have a tougher road to hoe in life than others," he said.

Outside court Swinburne told the Rotorua Daily Post he had only pleaded guilty to avoid the possibility of prison.

He said the charges arose from police harassment of him and his family, which he believed was linked to an incident four years ago.

In 2009 Swinburne claimed to have been assaulted by Rotorua police. A complaint to the Independent Police Conduct Authority was not upheld.

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An application by the Rotorua Daily Post to photograph Swinburne in court was declined by Judge Weir, due to the effect publication of a photo would have on Swinburne's ill wife.

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