Greer v Department of Corrections HC Wellington CRI 2010-435-3

[2010] NZHC 1020

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2010-435-3

BETWEEN  ALAN IVO GREER Appellant

ANDDEPARTMENT OF CORRECTIONS Respondent

Hearing:         15 April 2010

Appearances: Appellant Appears in Person

K Grau for the Respondent

Judgment:      15 April 2010

ORAL JUDGMENT OF MILLER J

[1]      Mr Greer appeals against a decision of Judge Tuohy, given on 16 March, in which bail was refused.

[2]      I need not outline the background, for it is examined in the decision of Judge Harrop on 21 January 2010, and that of MacKenzie J, on appeal, on 2 March.  The judgment of MacKenzie J is under appeal to the Court of Appeal.

[3]      I am not prepared to revisit those judgments.  Like Judge Tuohy, I focus on the question whether anything has changed.  I find that it has not.  Mr Greer has filed written submissions in which he repeats the issues that were rehearsed in Judge Harrop’s decision, including importantly, the maximum length of sentence and the lack of resources in prison to prepare his defence.   He adds that before attending Court on 16 March he was attacked by four or five prison guards.  These are matters for  investigation  by the  prison  authorities,  or  a prison  visitor.    They do  not  in

themselves warrant the grant of bail.  I observe that Mr Greer chooses to represent

ALAN IVO GREER V DEPARTMENT OF CORRECTIONS HC WN CRI 2010-435-3  15 April 2010

himself, as is his right and could address the question of access to legal resources if he were to exercise his entitlement to legal aid.  Mr Greer also complained that Judge Tuohy did not give him a full hearing, but I think the Judge was right to confine himself in the circumstances to inquiring whether anything had changed.

[4]      The appeal is dismissed.

Miller J

Solicitors:

Crown Solicitor’s Office, Wellington for Respondent