Trio faces joint charges over bird deaths in Temuka aviary

BY BETHANY MARETT
Last updated 05:00 18/08/2009
ON BAIL: Jonathan Fleming, 22, has been freed on bail and is to appear in court again tomorrow.  He faces several charges relating to the Temuka Aviary.
ON BAIL: Jonathan Fleming, 22, has been freed on bail and is to appear in court again tomorrow. He faces several charges relating to the Temuka Aviary.

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Three Temuka men jointly charged over the deaths of the Temuka Aviary birds will appear together in the Timaru District Court tomorrow.

Jonathan Ramon Douglas Fleming, 22, and Simiona Paul John, 27, both appeared yesterday before Judge Philip Moran but were remanded without plea to appear with the third offender tomorrow.

Judge Moran said it was important they were all kept together when jointly charged.

John appeared in court on Friday and agreed to be remanded in custody until tomorrow. However, counsel Anne-Marie McRae had him recalled yesterday and made an application for bail.

The bail was granted with conditions including a curfew and no association with the co-accused.

Duty solicitor Charlotte Clifford applied for bail for Fleming so he could instruct counsel. She said Fleming, a fisherman, was not a flight risk as he had already arranged with his employer to not go on an upcoming fishing trip.

She said there was also not a problem of interfering with witnesses as all three men had made video statements to police.

John, Fleming and the third offender are jointly charged with burglary, and wilfully ill-treating 32 aviary housed birds causing them to die.

Fleming is also charged with giving a false statement to police and perverting the course of justice by conspiring with another person and convincing them to provide a false alibi statement.

Judge Moran said despite the nature of the allegations, there was no justification to remand them in custody, and bailed them both to re-appear on Wednesday.

Several bird lovers were in court yesterday to see the fate of the accused, among them Timaru Bird Club president Joy Agnew and vice-president Pat Rule.

Mrs Agnew said they would be back again on Wednesday and in stronger numbers.

A bird club meeting was being held last night and she said they would be encouraging members to go along to court.

People in Temuka, and throughout the country were still irate about the killings, and sending her emails, she said.

People are also making substantial donations to the Temuka Aviary Account at ANZ bank.

The money raised will go towards buying new birds and a security camera for the aviary.

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- © Fairfax NZ News

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