Faamau v Chief Executive of the Department of Corrections

[2020] NZHC 2021

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2020-404-1313

[2020] NZHC 2021

UNDER

the Habeas Corpus Act 2001

IN THE MATTER

of an application for a writ of habeas corpus

BETWEEN

APOLOSO FAAMAU

Applicant

AND

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Respondent

Hearing:	10 August 2020
Appearances:	Applicant in person (via AVL) D B Dow for Respondent
Judgment:	10 August 2020

JUDGMENT OF BREWER J

Solicitors:

Meredith Connell (Auckland) for Respondent

FAAMAU v CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS [2020] NZHC 2021 [10

August 2020]

[1]        Mr Faamau has applied for a writ of habeas corpus. Mr Faamau says he has been wrongfully imprisoned since 2014. He says that in 2014 three Judges talked to him and said the sentence of imprisonment is cancelled.

[2]        The Crown must show that Mr Faamau is lawfully in prison. Mr Dow for the Crown has advised that Mr Faamau entered pleas of guilty to nine charges of sexual offending on 24 October 2013. Mr Dow has provided the Court with copies of the two warrants of commitment. These warrants are signed by a District Court Judge. They are dated 6 June 2014. They record that Mr Faamau was sentenced on 6 June 2014 to terms of imprisonment of 12 years and two years respectively.

[3]        Mr Faamau told me, in broad terms, that he did not really understand what was happening. However, he remembers the Judge reading a verdict and sentencing him to 12 years’ imprisonment with a minimum period of imprisonment of  six  years.  Mr Faamau told me that he has had his first parole hearing but has not been released. He has been in prison for eight years and he told me he has not been released according to the Judge’s decision.

[4]        I record that Mr Faamau speaks Samoan and has been assisted before me by an interpreter.

[5]        Mr Faamau would not tell me about pleading guilty to the charges but repeatedly said that “God knows all”.

[6]        The Crown has shown me a decision of the Parole Board from a hearing held on 20 February 2019. The decision says that Mr Faamau’s statutory release date is  15 January 2025.  The next appearance before the Parole Board for Mr Faamau is   19 August 2020.

[7]        On the information before me my decision must be, and it is, that Mr Faamau is lawfully detained. That means that Mr Faamau will be released on his statutory release date unless he can persuade the Parole Board to release him earlier.

[8]The application for a writ of habeas corpus is dismissed.

Brewer J