Manga v Police - [2015] NZCA 459

IN THE COURT OF APPEAL OF NEW ZEALAND

CA675/2014
[2015] NZCA 459

BETWEEN	RYAN PAUL MANGA Applicant
AND	NEW ZEALAND POLICE Respondent

Hearing:	31 August 2015
Court:	Miller, Fogarty and Mallon JJ
Counsel:	N G Cooke for Applicant A Todd for Respondent
Judgment:	25 September 2015 at 11.30 am

JUDGMENT OF THE COURT

The application for special leave to appeal to this Court is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Fogarty J)

Introduction

This is an application for special leave to appeal the decision of Brown J in the High Court, dismissing an appeal against two convictions.[1] Brown J refused leave for a second appeal.[2]
[1]Manga v New Zealand Police [2014] NZHC 2271 [High Court appeal].
[2]Manga v New Zealand Police [2014] NZHC 2785.
On 17 March 2014, Judge Johns, of the Manukau District Court, found Mr Manga guilty of two charges.[3] First, escaping from the lawful custody of Constable Samuel Baker; and, second, injuring Constable Baker with intent to commit the crime of escaping from lawful custody. The prosecution called Constable Baker, Constable Trotter and a doctor.
[3]New Zealand Police v Manga DC Manukau CRI-2013-092-5363, 17 March 2014.
Constables Baker and Trotter were together in a marked police car, in full police uniform. On the morning of 11 May 2013, they saw a stolen vehicle parked outside a superette. They pulled in behind the stolen vehicle and parked close behind it but at a slight angle. As the police car pulled up, the parked stolen car started to reverse on a sharp angle. Constable Baker got out of the police vehicle and ran up to the driver’s side of the other vehicle, where Mr Manga was driving, yelling at him to stop. Constable Baker tried to pull the key from the ignition. The vehicle kept reversing and the constable ran alongside the vehicle. He deployed pepper spray. By this time the car was heading towards the road and the driver flicked the steering wheel hard, causing the vehicle to turn sharply and causing the constable to be thrown. The passenger was detained, but Mr Manga was able to drive away. He was arrested the following day.
An alternative version of facts was put to Constable Baker in
cross-examination. That was not accepted by Constable Baker. Corroborative evidence was given by Constable Trotter.
The Judge rejected the evidence of Mr Manga that he himself was assaulted, having his hair pulled and being gauged around the eyes and punched. The Judge preferred the evidence of the police witnesses.
The Judge’s criticism of the applicant’s evidence was strong. For example:
[24] It beggars belief for you to suggest to this Court that you could not see that it was a police car or that there was a police officer with his arms in your window telling you to stop. I am satisfied beyond reasonable doubt that Constable Baker did tell you to stop, did identify himself as a police officer, and did tell you you were…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2015] NZCA 459
Decision Date: 25 September 2015 at 11.30 am

CaseChat Overview and Summary

Ryan Paul Manga sought special leave to appeal the High Court's dismissal of his appeal against two convictions for escaping lawful custody and injuring a police officer with intent. The convictions were made by Judge Johns of the Manukau District Court, and later upheld by Brown J in the High Court. Manga's application for special leave to appeal to the Court of Appeal focused on alleged bias of Judge Johns and failure to disclose an x-ray of Constable Baker’s broken finger.

The Court of Appeal held that the application was without merit. It found that the issue of bias was not pursued before either the District Court or the High Court, and it was not appropriate to consider it for the first time at the Court of Appeal. The Court also found that the failure to disclose the x-ray did not warrant special leave to appeal as it was not a question of law of general application and relevance. Furthermore, the Court of Appeal determined that the argument of apparent bias was not well-founded, as a judge’s knowledge of a defendant’s previous convictions or past rulings does not inherently suggest bias.

The Court of Appeal dismissed the application for special leave to appeal, thereby upholding the High Court's decision. The convictions made by Judge Johns and upheld by Brown J in the High Court remain in place.

Orders