Romanov v Chief Executive of the Department of Corrections

[2018] NZHC 1535

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CIV-2018-404-001217

[2018] NZHC 1535

BETWEEN

RICARDO ROMANOV

Applicant

AND

CHIEF EXECUTIVE OF THE DEPARTMENT OF CORRECTIONS

Respondent

Hearing:	On the papers
Judgment:	26 June 2018

JUDGMENT OF DOWNS J

This judgment was delivered by me on Tuesday, 26 June 2018 at 9 am pursuant to r 11.5 of the High Court Rules.

Registrar/Deputy Registrar

Solicitors:

Crown Law, Wellington.

Copy to: Applicant

ROMANOV v DEPARTMENT OF CORRECTIONS [2018] NZHC 1535 [26 June 2018]

[1]        On 11 April 2018 Grice J dismissed Mr Ricardo Romanov’s application for a writ of habeas corpus.¹ In short:

(a)Mr Romanov is in custody on one charge of attempting to pervert the course of justice.

(b)That charge has a standby trial date of 23 July 2018.

(c)Mr Romanov’s detention is lawful, as it reflects a custodial remand on the charge above, with an associated warrant signed by Judge R J Collins on 27 March.

[2]        Grice J observed Mr Romanov had applied for bail, and that application would be heard later the same day (by the District Court).

[3]        Yesterday afternoon, Mr Romanov filed a further writ for habeas corpus. I assume his bail application was declined.

[4]I dismiss Mr Romanov’s application because:

(a)Mr Romanov wishes to advance the same arguments rejected by Grice J. His application is an attempt to collaterally relitigate the same point. And, Mr Romanov’s circumstances have not changed.

(b)The legality of Mr Romanov’s detention is beyond doubt for the reasons identified by Grice J, and as summarised at [1].

[5]        The Registrar is not to file any further application by Mr Romanov for a writ of habeas corpus without leave of a Judge of this Court.

……………………………..

Downs J

1      Romanov v Attorney-General [2018] NZHC 672.