A Hampden man did not know a radio he had at his home was a police radio, Judge Joanna Maze ruled in the Oamaru District Court yesterday, dismissing the charge of possessing a police radio without authority.
Christopher Ronald Charles Hazelwood (44), of Hampden, denied possessing a police radio without lawful authority and excuse on November 30. The radio was found at his Hampden house when police executed a search warrant looking for other items.
Police evidence at yesterday's defended hearing was the radio was lost by an Omakau police officer during a search for cannabis on a Macraes property in March last year. About two weeks later, it was found by a worker on a track on the property.
The worker did not know it was a police radio and thought it belonged to a pig hunter. He put it in his truck in case someone claimed it, or he would have thrown it away. Later, he gave the radio to Hazelwood, after the defendant had seen it and asked what he was going to do with it.
Hazelwood denied talking to and getting the radio from the worker and said it was in another truck, which he was repossessing from the Macraes property for a former owner, because it had not been paid for.
Hazelwood left the radio in the truck, thinking it belonged to the previous owner. However, because he did not own it, the previous owner brought the radio back to Hazelwood.
No-one could get it to work, despite various attempts, and he thought it was a normal hand-held radio. He did not know it was a police radio because it had no markings to identify it as such and could not be turned on.
After evidence was completed, police prosecutor Sgt Paul Knox made submissions to adjourn the hearing and call further evidence, to rebut evidence from Hazelwood.
An adjournment was opposed by Hazelwood's counsel, Ngaire Alexander.
Judge Maze declined the request for various reasons, some of which were delaying the hearing, the effect on Hazelwood's right to a prompt hearing, a wait already of almost nine months and restrictions imposed by court being temporarily held in the Oamaru Opera House.
After considering the evidence, Judge Maze said Hazelwood had proven he came by the radio inadvertently, established he never got it working and nothing informed him it was a police radio, therefore he had a reasonable excuse to possess it. She dismissed the charges.
