Home detention inmate helped burglars
A 25-year-old has been found guilty of helping with the burglary of a neighbour’s apartment while he was serving home detention in Christchurch.
Judge Robert Murfitt accepted the police case at the judge-alone trial that the burglars had gone up through the ceiling manhole of the Richmond apartment where Richard Hayes-Thompson was serving his sentence with an electronic home detention bracelet.
The burglars moved throught he roof space and then down into the next apartment where a television, replica Luger slug gun, and other items were taken.
The Christchurch District Court trial was told the burglary probably happened about 11am on April 23, 2014, when a woman in another apartment heard rummaging and banging noises. She saw nothing going on.
Before 3pm that day, the same woman heard breaking glass and looked out the window to see Hayes-Thompson in the rear courtyard of the next door apartment. He was holding a hammer and a window had been broken.
Judge Murfitt accepted the theory that Hayes-Thompson had done this to prevent the police finding the true point of entry, which would have indicated his involvement.
The ceiling entry point was found a month later when Hayes-Thompson was interviewed and made admissions, including the names of the two burglars.
Police then checked the roof space and found a hole in the fire wall between the apartments and a crowbar belonging to Hayes-Thompson.
Defence counsel Kirsty May raised issues of unfairness with the recorded police interview because Hayes-Thompson had repeatedly said he did not wish to continue but the constable had gone ahead anyway.
Police prosecutor Stephen Burdes said Hayes-Thompson had opted to forego his right not to make a statement in his own interests, in order to stay that he knew nothing about the burglary, and to implicate two others.
At the end of the half-day trial, Judge Murfitt ruled that Hayes-Thompson had been cautioned according to the Bill or Rights and in spite of his four statements that he was ending the interview, he had given up his right to silence by continuing to talk.
Hayes-Thompson said he had not known about the burglary until he saw the burglars offering items for sale on Facebook. Judge Murfitt noted that police found a photograph of the stolen Luger on Hayes-Thompson’s cellphone.
He said it was not possible that Hayes-Thompson was not aware of the burglary being carried out from the apartment where he lived – his mother’s home – while he was confined there on home detention.
He found the burglary charge proved and remanded Hayes-Thompson for sentence on May 22. He also pointed out that having been convicted, Hayes-Thompson was now a “compellable” witness for the prosecution of the burglars.
Hayes-Thompson, who is completing an apprenticeship, remains on bail.
Category: Focus
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