Recent News
SEXUAL VIOLATION JURY TRIAL – R v RB
Matt and Ciara appeared in Auckland District Court in a 2-week jury trial for a client sports coach charged with historic sexual abuse allegations made by two past sportswomen in New Zealand and abroad. The first complainant alleged she was indecently assaulted when she was 15 years old, below the age of consent. The second complainant alleged that when she was aged between around 16 and 21 years old, she was raped on four occasions when our client was controlling every aspect of her life when hired by her family as fulltime coach.
Our client accepted he had relationships with both women which were consensual, but they had opportunities to complain about the alleged abuse. In countering the second complainant it was argued there were extensive photos, text messages and iPhone messages which showed they were romantically involved and they had travelled worldwide together for the complainant to play in tournaments.
Initially our client was charged with 10 charges and following trial, he was found guilty of five.
SEXUAL VIOLATION JURY TRIAL – R v AL
Conducting a second retrial, our client was charged with sexual offending against his ex-wife and the burglary of her home.
The matter had a lengthy history. With different counsel at the first trial, the jury returned hung verdicts and the second jury returned guilty verdicts. However, Matt and Ciara successfully appealed that outcome to the Court of Appeal on the basis of trial-counsel error, the appeal was successful and it was sent back to the District Court for retrial.
At the retrial, our client gave evidence on his version of events and was acquitted of six of the nine charges faced.
KOLANI LAM V ATTORNEY GENERAL OF SAMOA
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.
BAIL GRANTED
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
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
Mongrel Mob boss hit: Man accused of murdering Daniel Eliu outside Manukau church appears in court
A man accused of gunning down a prominent Mongrel Mob leader in front of a South Auckland church a week before Christmas has appeared for the first time in the High Court at Auckland, where he pleaded not guilty to murder.
Justice Sally Fitzgerald approved a request from defence lawyer Matthew Goodwin that the 41-year-old Henderson resident keep interim name suppression. Other aspects of the case are also suppressed. Read full article here.
Appeal court cites lack of record keeping by Police in case of Kolani Lam
There have been a number of public complaints against police handling of evidence for court cases, and the latest to notice it is the highest Court in Samoa, the Court of Appeal who highlighted this in their written decision in the appeal by convicted murderer, Kolani Junior Lam. Read full article here.
Samoan Court of Appeal: Appeal against murder conviction
The Samoa Observer reports the decision by the Court of Appeal was handed down earlier this week. Read full article here.
Kolani Junior Lam Challenges Pathologist Report in Court of Appeal
In the Court of Appeal this week Lam’s overseas-based Counsel Mr Mathew Goodwin, launched a challenge against the decision of Justice Niava Mata Tuatagaloa. Mr Goodwin argued the evidence against his client had been circumstantial, and the pathologist report relied upon by the Supreme Court was inconclusive. Read full article here.
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.