Recent News
DISCHARGE WITHOUT CONVICTION GRANTED
Matt successfully obtained a discharge without conviction for YK, who was originally charged with blackmail and dishonestly accessing a computer system at Auckland District Court.
The judge accepted the offending was at the lower end, expert reports showed she was remorseful and convictions would prevent her obtaining employment and future plans to travel overseas.
CHARGES DISMISSED
Ciara appeared at North Shore District Court for our client, BH who was charged with discharge and possession of a firearm.
The Police accepted there was insufficient evidence to obtain a conviction and sought to withdraw both charges pursuant to s 146 of the Criminal Procedure Act. This provision means the charges could be re-laid against our client in the future.
Ciara argued that BH is entitled to the uncertainty of outcome in the Court process and if the Police’s application was granted, the uncertainty of future disposition would be onerous and unjust.
Ciara convinced the Court that dismissal pursuant to s 147 was the appropriate provision, which is deemed an acquittal.
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.
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Media
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
Defence lawyer critical of director of acute mental health unit for discharging killer
The doctor who discharged a schizophrenic man from an acute mental health unit days before he beat a pensioner to death stands by his decision and says it was a “good discharge”, a court heard.
Earlier on Thursday the High Court in Auckland heard an external review of the treatment Gabriel Hikari Yad-Elohim received days before he killed Michael Mulholland was conducted, but not disclosed to lawyers before trial. Read full article here.
Police stand firm despite outrage over fooling court
Lawyers have condemned a move that saw a court fooled into prosecuting an undercover cop to boost his criminal standing.
Police are defending the move because of the dangerous nature of undercover work, but a leading barrister says it is “an abuse of process hitherto unknown” in the legal system.
Documents show the fake prosecution was signed off in 2010 by Chief District Court Judge Russell Johnson, who has since died. Read full article here.