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.
No Results Found
The page you requested could not be found. Try refining your search, or use the navigation above to locate the post.
Media
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.
Pair jailed for life for murdering Auckland teen Dimetrius Pairama
Toko (Ashley) Shane Winter, 30, and Kerry Te Amo, 26, were found guilty of murder after a three-week trial at the High Court in Auckland last year.
The pair kidnapped, tortured and hanged 17-year-old Dimetrius Pairama, whose body was found in a drum at a derelict house in Māngere in July 2018.
A teenager alleged to have been a third party in the crime was found unfit to stand trial and will be managed by the state, subject to a pending High Court decision. Read full article here.
Dimetrius Pairama murder trial: Main witness says accused talked of Mongrel Mob gang
The Crown’s main witness says Toko (Ashley) Shane Winter was in control of members of the group who the Crown says tortured and killed a teenager.
Pairama was beaten, burned and hanged in an abandoned Housing New Zealand home. Her body was then wrapped in sheets and left in a steel drum at the back of the property. Read full article here.
‘Irrefutable’ need for review of killer’s mental health care
Gabriel Yad-Elohim was yesterday sentenced to at least 13 years in prison for the murder of 69-year-old Michael Mulholland.
Yad-Elohim, who had a history of schizophrenia, was discharged from Auckland Hospital’s mental health ward after doctors deemed him to be well enough.
Seventy-two hours later he had stomped pensioner Michael Mulholland to death.
He had initially presented himself to the hospital, saying he was hearing voices telling him to kill people. Read full article here