Greendrake v McConnochie

Eugene Greendrake, a private prosecutor, sought leave to appeal against the decision of Judge Walker, who found Wayne McConnochie not guilty of charges under the Dog Control Act 1996 and the Animal Welfare Act 1999. Mr Greendrake contended that there were errors of law that resulted in a miscarriage of justice. Mr McConnochie opposed the application, arguing that there were no errors of law and that the appeal had no merit. The legal issues for the court to decide were whether the grounds of appeal identified by Mr Greendrake amounted to questions of law and, if so, whether those questions of law led to a miscarriage of justice.

The court found that none of Mr Greendrake’s proposed grounds of appeal amounted to questions of law. The court found that the Judge was entitled to refuse a dock identification, to overrule Mr Greendrake’s proposed re-examination of Mrs Renton, and to find Mrs Renton’s evidence unreliable by reason of her age and infirmity. The court also found that the Judge’s treatment of the detail of the vehicle’s colour and his failure to draw inferences from Mr Groube’s evidence did not amount to an error of law. The court found that the Judge had assessed all the evidence before concluding that the prosecution had failed to establish beyond reasonable doubt the elements of both charges. The proposed grounds of appeal had no merit.

The court dismissed Mr Greendrake’s application for leave to appeal. Costs were reserved.