Kawiti (aka Brown) v The Queen

[2013] NZCA 491

IN THE COURT OF APPEAL OF NEW ZEALAND

CA203/2013
[2013] NZCA 491

BETWEEN	MITAI PARAONE KAWITI (AKA MITAI ROBIN BROWN) Appellant
AND	THE QUEEN Respondent

Telephone 

Conference:

11 October 2013

Counsel:

Appellant in person
K-T Brown assisting Applicant for part of telephone conference
B F Windley for Respondent

Judgment:

(On the papers)

16 October 2013 at 10.30 am

JUDGMENT OF WHTE J

The further application for bail is declined.

____________________________________________________________________

REASONS

1. Mr Kawiti’s first application for bail was declined by me in my judgment delivered on 19 July 2013.[1]

   [1]Kawiti v R [2013] NZCA 324.

2. Mr Kawiti has made a further application for bail under s 70 of the Bail Act 2000 pending determination of his appeal against sentence.  He has filed a further written application and a memorandum in support dated 11 October 2013, which he read at the telephone conference which was arranged to enable him to respond to the Crown’s memorandum opposing his further application.  As on the previous occasion Mr Kawiti offered a prayer in Te Reo at the commencement of the telephone conference.

3. I personally have considered the further application pursuant to s 393(2)(d) of the Crimes Act 1961.[2]

   [2]As I noted in the first review decision, pursuant to s 397(2) of the Criminal Procedure Act 2011, this proceeding continues in accordance with the law as it was before the commencement date.  This accords with the general principles of ss 7 and 18 of the Interpretation Act 1999. 

4. The relevant principles, statutory provisions and authorities are referred to in my previous judgment at [5]–[6].

5. Mr Kawiti confirmed the concern apparent from his memorandum of 11 October 2013 that he sought an extension of time for the filing and service of his particularised grounds of appeal which, in terms of the minute of Stevens J dated 19 September 2013, were due on 11 October 2013.  Mr Kawiti sought an extension of time of one month.  Without opposition from the Crown, I granted him an extension of time for the filing and service of his particularised grounds of appeal to 15 November 2013.

6. Mr Kawiti reiterated the practical difficulties that he claims justify the grant of bail pending the hearing of his appeal.  He is particularly concerned that, having been moved to a prison in the South Island, he no longer has close face-to-face contact (kanohi ki te kanohi) with his whānau agent and that this presents difficulties for him in preparing for his appeal.  At the same time, however, he confirmed that he has had more telephone contact with his agent since he has been in the South Island prison.  Ms Windley also confirmed that the Crown will assist with ensuring that copies of relevant documents are made available to Mr Kawiti’s agent and that, as noted in the Crown memorandum, Mr Kawiti will have access to his agent through audio-visual facilities at the South Island prison.

7. In these circumstances I am not satisfied that it is in the interests of justice to grant Mr Kawiti’s further application for bail pending his appeal.  No new matters constituting exceptional circumstances have been made out. 

Result

1. The further application for bail is therefore declined.

Solicitors:
Crown Law Office, Wellington for Respondent