Timoti v Police

[2020] NZHC 3134

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

I TE KŌTI MATUA O AOTEAROA KIRIKIRIROA ROHE

CRI-2020-419-000077

[2020] NZHC 3134

BETWEEN

CHARLIE TIMOTI

Appellant

AND

NEW ZEALAND POLICE

Respondent

Hearing:

2 November 2020

Appearances:

Appellant in person

BT Vaili for Respondent

Judgment:

26 November 2020

JUDGMENT OF DOWNS J

This judgment was delivered by me on Thursday, 26 November 2020 at 3 pm.

Registrar/Deputy Registrar

Solicitors:

Crown Solicitor, Hamilton. Copy to: Appellant.

TIMOTI v POLICE [2020] NZHC 3134 [26 November 2020]

[1]This brief judgment addresses an appeal “heard” on the papers.

[2]        On 28 July 2020, Judge R L B Spear found Charlie Timoti guilty of driving while suspended. The offending occurred 4 April 2019. Mr Timoti was driving a courier van. A Police officer recognised Mr Timoti, and stopped him.

[3]        Mr Timoti self-represented in the District Court. He was belligerent, disruptive and ultimately, removed from the courtroom.1 Judge Spear noted this was the first occasion “in over 25 years … I have had to  continue  without  the  defendant.” When Mr Timoti was returned to the courtroom for sentence—60 hours’ community work and disqualification from driving for six months—he said, “I am going to appeal your decision immediately”, and the case was “definitely a bit fraudulent”.

[4]        Mr Timoti later filed an appeal, seemingly against conviction and sentence.    I say “seemingly” because the document is difficult to follow. Mr Timoti’s grounds of appeal, in a separate document filed at the same time, reduce to the proposition the District Court had no jurisdiction because Māori have not ceded sovereignty.

[5]        Mr Timoti did not file submissions to support his appeal. When he appeared before me, he was wearing a large flag as a cape. I repeatedly asked Mr Timoti to remove the flag. He would not. Mr Timoti said I was committing “treason”. Rather than invite (appellate) disruption, I gave Mr Timoti 14 days to file a written submission. I told Mr Timoti I would decide his appeal on the papers. I issued a Minute the same day encouraging Mr Timoti to engage. He responded with a one-page document described as a submission. The document contains no argument.

[6]        I have read the record, mindful of Mr Timoti’s self-representation and the fact of  his  courtroom  removal.    Constable  Singh  said  he  stopped  Mr Timoti  on    17 February 2019 and served a suspension notice that day—service of this  notice (for demerit points) was outstanding. Constable Holam said he stopped Mr Timoti on 4 April 2019. He said Mr Timoti’s reaction “was one of verbal aggression”.

1      The Judge also found Mr Timoti in contempt. He imprisoned him for a month.

[7]        The charge was supported by admissible evidence. The evidence established the charge. The decision finding the charge proved is error-free. Sentence appears within range.

[8]Mr Timoti’s appeal is dismissed.

……………………………..

Downs J