R v Greer

[2014] NZHC 2366

IN THE HIGH COURT OF NEW ZEALAND MASTERTON REGISTRY

CRI-2012-035-991 [2014] NZHC 2366

THE QUEEN

v

ALLAN IVO GREER

Hearing:

26 September 2014

(Heard at Wellington)

Counsel:

I R Murray for Crown
Defendant in person

Judgment:

26 September 2014

ORAL JUDGMENT OF MACKENZIE J

[1]      Before I begin the sentencing, I need to address several matters that Mr Greer has raised.   He has recently filed a 181 page document in which he has made a number of applications.  They have not been made in proper form, but I deal with them to the extent necessary.

[2]      The first is an application that I recuse myself from dealing further with this case.  Mr Greer asserts that I am disqualified by having demonstrated bias against him, first in a bail appeal which I heard on an unrelated matter in 2010, which he asserts has led me to conduct his trial in a manner adverse to him.

[3]      As the trial Judge, I should sentence Mr Greer unless there are good grounds to recuse myself.  I am satisfied that none of the many matters raised by him justify recusal.  The way I conducted the trial can potentially be raised on an appeal against

conviction.  I advised Mr Greer of that in a minute on 16 May 2014, and nothing in

R v GREER [2014] NZHC 2366 [26 September 2014]

his further papers filed causes me to alter my view that no grounds for recusal are made out.

[4]      The application for recusal is accordingly dismissed.

[5]      Mr Greer has also made a renewed application for bail.   Bail is out of the question. That application is dismissed.

[6]      Mr Greer has also renewed an application for discharge.   Because the trial proceeded to jury verdicts, I have no power to discharge, or to declare a mistrial as Mr Greer requests.  As I have said, any issues as to the conduct of the trial are a matter for appeal, not for this Court.

[7]      Mr Greer  has  also  made  requests  for  documents  from  the  Court  file.    I addressed that request in my minute of 10 July 2014.  I am not prepared to make any further order at this stage.

[8]      Mr Greer has also made application for an adjournment.  This sentencing has already been delayed.  There is no basis for any further delay.  That application is refused.

[9]      I will now proceed with the sentencing.

“A D MacKenzie J”