Siemer v Solicitor-General

[2008] NZCA 438

IN THE COURT OF APPEAL OF NEW ZEALAND

CA447/2008
[2008] NZCA 438

BETWEENVINCENT ROSS SIEMER

Appellant

ANDSOLICITOR-GENERAL

Respondent

Court:O'Regan, Robertson and Arnold JJ

Counsel:Appellant in person

B J Horsley for Respondent

Judgment:22 October 2008 at 3 pm

JUDGMENT OF THE COURT

A        The appeal is allowed.

BThe appellant is granted bail pending the hearing of his appeal to this Court on 29 October 2008, subject to the conditions set out at para [5](a) and (b) of the Reasons of the Court.

REASONS OF THE COURT

(Given by O’Regan J)

[1] Mr Siemer has been committed to prison by order of the High Court. He has appealed against the High Court decision and the appeal is due to be heard by this Court on 29 October 2008 at 10 am. The circumstances leading to the High Court order are set out in the judgment of this Court dismissing Mr Siemer’s application for a stay of the High Court order: [2008] NZCA 369. We will not repeat them here.

[2]       Mr Siemer applied to the High Court for bail pending the hearing of his appeal.  The application invoked the inherent jurisdiction of the High Court.  In a judgment dated 17 October 2008, Mr Siemer’s application was dismissed.  He now renews his application for bail in this Court.  We treat it as an appeal against the High Court decision refusing to exercise the High Court’s inherent jurisdiction to grant Mr Siemer bail.

[3]       In an affidavit filed in support of the application, Mr Siemer said that he has not been able to get access to his legal files which he needs to prepare himself for the hearing on 29 October 2008.

[4]       In a memorandum filed at the Court’s request, counsel for the respondent has indicated that the respondent does not oppose bail being granted for the purpose of allowing Mr Siemer to prepare for the appeal.  He made it clear, however, that the respondent did not accept that Mr Siemer was unable to access legal files from prison.  Counsel for the respondent submitted that if bail were granted, it should be on conditions that Mr Siemer surrender his passport or passports and that he attend the hearing on 29 October 2008.

[5]       Mr Siemer’s failure to comply with Court orders, which led to the respondent's application to the High Court for his committal to prison, does not make him a compelling candidate for bail.  However, we are satisfied that it is in the interests of justice to grant bail in the circumstances, so that Mr Siemer is able to prepare himself properly for the hearing of his appeal on 29 October 2008.  We are satisfied that the conditions suggested by counsel for the respondent are appropriate in the circumstances and provide an adequate safeguard against any flight risk.  We therefore grant bail on condition that:

(a)Mr Siemer surrenders any passports he holds to the Registrar of the High Court at Auckland;

(b)Mr Siemer presents himself to the Registrar of the Court of Appeal in Wellington no later than 9.45 am on 29 October 2008 for the hearing of the appeal.

[6]       Bail will continue until the conclusion of the hearing of Mr Siemer’s appeal on 29 October 2008.  At the hearing on 29 October 2008, the Court will determine whether it is appropriate to extend bail beyond that time. 

Solicitors:
Crown Law Office, Wellington for Respondent