S v Police HC Wellington CRI 2007-085-7843

[2009] NZHC 844

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

CRI 2007-085-7843

S

Applicant

v

NEW ZEALAND POLICE

Respondent

Hearing:         17 July 2009

Counsel:         M Bott for Appellant

J M Webber (on instructions from Auckland Crown Solicitor) for
Respondent

Judgment:      17 July 2009

JUDGMENT OF SIMON FRANCE J (Application to vary bail)

[1]      Mr S   applies for a bail variation.

[2]      He faces Arms Act charges, and a charge of membership of an organised criminal enterprise.   The charges flow from a highly publicised event almost two years ago where initially terrorism charges were laid.

[3]      Mr S   was initially bailed in November 2007.  There have been no bail breaches since.  The conditions of bail are now reduced to where he should live, not

S V NEW ZEALAND POLICE HC WN CRI 2007-085-7843  17 July 2009

to possess a firearm, not to have a passport and to report to the police three times a year.

[4]      The present application concerns the passport condition.

[5]      Mr S   has lived in New Zealand since 2003.   He has a partner who is expecting  their  child  in  February  of  next  year.    He  has  other  commitments  to New Zealand in terms of work as a musician.

[6]      Mr S   wishes to travel to Switzerland to visit his family.   His maternal grandparents are very ill.  He understandably wants to be sure to see them.  He also naturally wishes to see his parents.  He used to visit frequently, but has not been able to since charges were laid.

[7]      The application is opposed on the basis of flight risk.  The position in relation to Mr S  ’s partner is accepted but it is noted that otherwise all Mr S  ’s family ties are in Switzerland.  He holds citizenship there and there is no other basis to ensure that he would return to New Zealand.

[8]      I am satisfied that the application should be granted.  The information before me suggests that the incentives on Mr S   to return to New Zealand far outweigh those for not doing so.  Apart from those which I have already mentioned, Mr S   indicates that he wishes to have the opportunity to defend the charges and I have no reason to doubt that commitment either.

[9]      Mr S  ’s bail conditions are varied to allow him to travel to Switzerland this year.   He is to provide details to the officer-in-charge (or other nominated person)  of  his  departure  date  and  return  date  to  New Zealand,  together  with

documentary evidence of that.

Simon France J

Solicitors:

M Bott, Barrister, Blackstone Chambers, PO Box 24 347, Wellington

email:  [email protected]
J M Webber, Luke Cunningham & Clere, PO Box 103 57, Wellington, email:  [email protected]