Recent News
KOLANI LAM V ATTORNEY GENERAL OF SAMOA
Kolani Lam had been convicted in the Supreme Court of Samoa of the murder of his wife by strangulation inside their house, assaulting his stepdaughter and interfering with a witness following a judge alone trial in 2019.
Matt and Ciara were instructed on an appeal against conviction, which was heard in the Samoan Court of Appeal before Justices Young, Harrison, Asher and Tuala-Warren (a full Bench).
On appeal, Matt argued numerous appeal points revolving around errors of previous trial counsel. The most significant error was that a defence pathologist should have been instructed on the cause of death, as the defence theory was that the wife had committed suicide by hanging. To support that argument we instructed Dr Byron Collins, leading Australian pathologist who provided an independent report to the Court and argued that was fresh evidence. Dr Collins agreed that the cause of death was neck compression, but highlighted that the pivotal issue was how that neck compression occurred – suicide or strangulation. While Dr Paul Botterill(engaged by the Attorney General) was of the view that strangulation was the favoured cause of death, Dr Collins said that injuries sustained could be reasonably explained by the process of hanging and resuscitation attempts which had been performed by Mr Lam.
During the appeal hearing leave to call fresh evidence was granted, both pathologists were closely questioned by both counsel and judges. The evidence of Dr Botterill was preferred.
As a result Mr Lam’s appeal against the murder conviction was dismissed, but granted on the charges of assault on a child and interfering with a witness.
EM BAIL AND HOME DETENTION
KP plead guilty to 11 charges, with the most serious being injuring with intent to injure and burglary. KP accepted a sentence indication of 3.5 years imprisonment. However, prior to sentencing KP removed his EM Bail bracelet, absconded and was later re-arrested and remanded in custody. This was a wakeup call for KP, accepting that he needed support with drug and alcohol rehabilitation. Ciara sought that KP be admitted to the Grace Foundation and filed an application for EM Bail, which was successful.
At sentencing, KP received discounts for his early guilty pleas, remorse and factors that were addressed in his cultural report pursuant to s 27 Sentencing Act. An end sentence of nine months home detention with judicial monitoring was imposed.
STAY OF PROCEEDINGS FILED
Matt and Ciara were prepared to start a 3 week jury retrial at Auckland District Court for LK charged with theft from her employer (x 3). The trial was adjourned as the Court had only allocated 2 weeks of hearing time. We have filed an application for a permanent stay of proceedings based on abuse of process, as 4 years has elapsed since LK was first charged and prejudice caused to her defence.
APPEAL AGAINST PRETRIAL RULING ON SEARCH ASSIGNED TO PERMANENT BENCH OF COURT OF APPEAL
Matt and Ciara appeared at Auckland District Court in October 2021 on a pre-trial challenge to a search warrant executed at DN’s home.
We contended that insufficient information was contained in the application for a search warrant to enable the issuing officer to reach the conclusions required by s6(a) and (b) of the Search and Surveillance Act 2012.
The Judge agreed that there was an inadequate basis for the warrant to be obtained, but admitted the evidence applying the balancing test under s 30 of the Evidence Act.
We filed an appeal against that ruling with the Court of Appeal. Due to the importance of the issues raised, the Court has assigned the case for hearing by the Permanent Bench of the Court in Wellington (most Auckland appeals are heard by the Divisional Court in Auckland). We are now awaiting the allocation of a hearing date.
BAIL GRANTED
Ciara appeared at Court for a client faced with a new charge of strangulation and other violence-related charges.
The client, ZA was already on bail for violent charges and the Court was reluctant to re-admit the client to bail.
Ciara argued that due to the nature of the evidence presented by the Police and the client’s personal circumstances (including that he has full-time work), he should be readmitted to bail on more restrictive conditions.
The Court agreed and ZA was readmitted to bail.
APPEAL AGAINST PRETRIAL RULING ON SEARCH FILED
Matt and Ciara appeared at Auckland District Court for a pre-trial challenge to a search warrant executed at their client, OW’s home.
The Police attended OW’s address to locate a suspect, AB on the run who they believed was residing at OW’s address. The Police entered the house on suspicion the suspect was present – albeit, he wasn’t – and instead, found a small quantity of meth they believed belonged to OW.
At the hearing, three Police officers were called to give evidence and were cross-examined by Matt. They admitted that OW explained that AB had stayed there before and provided details of AB’s work address.
At the conclusion of the hearing, the judge decided the search warrant was lawfully executed in terms of the invocation of the powers under both s 7 and s 20 of the Search and Surveillance Act 2012.
A Notice of Appeal has been filed with the Court of Appeal against this ruling, we are now awaiting allocation of a hearing date.
Media
Appeal against conviction – Kolani Junior Lam
The Court of Appeal yesterday heard the appeal by convicted murderer Kolani Junior Lam who was serving a life sentence for the murder of his wife, Justina Sa’u in 2019.
Overseas counsel Mr Goodwin is representing Lam and in his submission today challenged the decision by Justice Niava Mata Tuatagoloa convicting Lam of murder. Read full article here.
Charges laid after man shot in standoff with police in Grey Lynn, Auckland
A man has been charged after being shot during a police standoff in Grey Lynn, Auckland last week. The 32-year-old has been charged with aggravated burglary, unlawful possession of a firearm and presenting a firearm. Matt Goodwin acts for the accused. Read full article here.
Police shot and injured a 32-year-old man in Auckland’s Grey Lynn on Monday night after he pointed a gun at officers.
Auckland City District Commander Superintendent Karyn Malthus said the man was shot after an “armed incident” on Wallingford St in Grey Lynn at about 5pm.
She said the 32-year-old was in a critical condition in hospital after being shot in the abdomen and is represented by Matt Goodwin. Read full article here.
Wellington man charged with ‘enormous’ 2000-litre ‘date rape’ GBL drug importation, equivalent to $288m of community harm
A second man, Benjamin Rankin, 29 has been charged with importing eutylone, possession of eutylone and supplying eutylone, in relation to Operation Skipjack. Matt Goodwin acts for Benjamin Rankin. Read full article here.
Seven accused of being part of international drug syndicate to go to trial
Six men and one woman arrested in a major organised crime bust have appeared at the High Court facing various drugs charges. Matt Goodwin acts for Maximiliano Javier Luna. Read full article here.