Addison v Police HC Rotorua CRI 2007-463-71

[2007] NZHC 1835

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

CRI 2007-463-71

CRI 2007-463-72

CRI 2007-463-73

CRI 2007-463-74

CRI 2007-463-75

CRI 2007-463-76

BETWEEN  MELISSA SUE ADDISON Appellant

AND  NEW ZEALAND POLICE Respondent

Hearing:         14 June 2007

Appearances: Moana Dorset for Appellant

Chris Macklin for Respondent

Judgment:      14 June 2007

JUDGMENTOF HARRISON J

SOLICITORS

Jackson Reeves (Tauranga) for Appellant

Gordon Pilditch (Rotorua) for Respondent

ADDISON V POLICE HC ROT CRI 2007-463-71  14 June 2007

[1]      Ms Melissa Addison appeals against a decision of Judge James Weir in the

District Court at Rotorua on 11 June 2007 remanding her in custody until 3 July

2007, when what the Judge described as ‘a raft of different charges’ will be called. The Judge noted that she had already pleaded not guilty to the majority but had pleaded guilty to discrete charges of driving while disqualified, breach of bail and breach of community work.

[2]     The charge of particular relevance was one of conspiring to supply methamphetamine  which,  of  course,  is  purely  indictable.    From  the  bar  today Ms Dorset, who appears in support of the appeal, advises that Ms Addison has been charged along with a number of others.   She is a relatively minor player.   All the others have been granted bail.  However, I observe that if the summary of intercepted text messages and telephone conversations between Ms Addison and one Rex Maney between  2  and  3 December  2006  is  accurate,  the  prosecution  case   against Ms Addison is strong on the charges of conspiracy to supply or the alternative of possessing methamphetamine for supply.

[3]      This  morning  Ms Dorset  has  explained  events  in  the  District  Court  on

11 June.    She  was  present  in  the  District  Court  as  duty  solicitor.    She  saw Ms Addison in that capacity.   Ms Addison is separately represented by Tauranga counsel on  charges  laid  separately  in  the  District  Court  there.    She  noted  that Ms Addison had appeared voluntarily on 11 June in compliance with the terms of bail earlier granted on the charge of conspiring to supply methamphetamine.

[4]      The Judge recorded that Ms Addison was bailed on her earlier appearance to an  address  at  3/144 Malfroy Road,  Rotorua  and  that  the  police  had  visited  the address twice but Ms Addison had failed to answer at the door.  I interpolate at this point to note Ms Dorset’s advice that Ms Addison wished to defend that charge but was  not  given  an  opportunity  to  do  so.    She  advises  that  Judge  Weir  found Ms Addison guilty of a breach which was denied without hearing evidence.  If that is so then I treat Ms Dorset’s advice as an application to vacate a finding of guilt on that charge.  The information is remitted for rehearing if indeed Ms Addison wishes to maintain her denial.   However, in view of her history, supplemented by advice

from Mr Macklin for the Crown today, her prospects of successfully defending that charge are not promising.

[5]      Mr Macklin has provided details, which were not before Judge Weir, of an alleged breach of bail in Taupo on 2 June 2007.  On that occasion Ms Addison was apprehended at an address at 1 Konini Street, Taupo.  She was found to be in a state of undress.  She requested time to dress herself.  She went to another room for that purpose.   She then escaped in a vehicle parked adjacent to the premises.   If that charge is proven it adds to the litany of Ms Addison’s breaches of Court orders and escaping from custody.

[6]      To return to the narrative, Ms Dorset  advises that  Ms Addison wished to apply for bail on 11 June.   She provided Ms Dorset with instructions accordingly. However, Ms Dorset advises that she was not heard in support and that the Judge remanded Ms Addison in custody without hearing submissions in support of the application  for  bail.    Ms Dorset  acknowledges that  the decision was dictated  in Ms Addison’s presence but her complaint is that she was not heard in support.

[7]      Whether  or  not  that  is  correct,  the  Judge’s  conclusion  that  Ms Addison presented the twin risks of flight and reoffending while on bail is unimpeachable.  In my view he had no other choice but to remand her in custody.  Ms Addison’s lengthy criminal record is punctuated with a number of failures to appear on charges in other District Courts earlier this year.   I am grateful to Mr Macklin for setting out the details of this recent history.  For example, on 30 January 2007 she failed to appear on a charge of driving while disqualified and a warrant for her arrest was issued.  On

31 January 2007, that is the following day, she failed to appear in the District Court at Rotorua on a charge of driving while disqualified and a warrant was issued.  The same was true for another charge of breaching a community work order which was called the next day.   Again she failed to appear and a warrant for her arrest was issued.   Then on 16 February 2007 she failed to appear in the District  Court at Tauranga on a charge of breaching bail.  Again a warrant for her arrest was issued. Additionally, there is the charge at Taupo of escaping lawful custody.

[8]      The only issue is whether Ms Dorset was heard in support of Ms Addison’s application for bail.  Today she has had an opportunity to make submissions which, while careful, do not approach the threshold of satisfying me that the Judge erred in exercising his discretion.  In making that observation I have treated today’s hearing effectively as a rehearing but the result is no different.

[9]      The only question is Ms Addison’s medical condition.   She is between six and  eight  weeks  pregnant.     The  pregnancy  is  unwanted.     She  is  seeking  a termination.   The medical authorities at Auckland Regional Women’s Prison will doubtless take all necessary steps to obtain medical assistance where required. However, that factor is not of itself sufficient to justify a revision of Judge Weir’s decision.

[10]     I confirm that Ms Addison is remanded in custody to appear in the District Court at Rotorua on 3 July 2007.  She is remanded on all charges in other Courts to appear on the same date (that is, from Hamilton, Rotorua, Tauranga and Taupo).

The appeal is dismissed.

Rhys Harrison J