Police prosecuting despite 'botch-up'

Russell Checketts
Russell Checketts
Police are proceeding with charges for offences committed during Blossom Festival weekend despite questions over whether a police paperwork "botch-up" denied defendants their rights.

In the Alexandra District Court yesterday, 46 cases arising from the festival weekend, for minor offences such as breaching the liquor ban, fighting in a public place, disorderly and offensive behaviour, were adjourned pending the outcome of several "test cases" in January.

The cases were called before justices of the peace Rory Gollop, of Alexandra, and Daphne Stewart, of Wanaka, in court yesterday.

Defendants who plead guilty by letter to minor offences such as those faced by most of the people arrested at Blossom Festival weekend, punishable by a fine only, do not have to appear in court.

Prosecutor Sergeant Ian Collin said the "technical issue" raised by Mr Checketts had been resolved.

All of the people arrested for minor offences that weekend had since been "resummonsed" by police.

In a letter the police had sent them earlier this month, they were told whether they might be eligible for diversion and they were also given information about what would happen if they pleaded guilty or not guilty.

In the letter, dated November 1, Central Otago sub-area commander Senior Sergeant Jill Woods admitted the police had omitted a procedural step: "In order to ensure that you are aware of your right to attend court, police have now issued you with a summons to attend court in relation to this charge," she said.

She also outlined the rights of those arrested.

Mr Checketts said a status hearing for four of his clients would be held on December 15 and, depending on the outcome, the matters could proceed to a defended hearing on January 21.

The result of that hearing would have ramifications for all the other people charged with similar offences during the festival weekend, he said.

He believed police still had not "fixed the botch-up".

"Police will have to lay another 40 charges to remedy the defect," he said.

Sergeant Collin said there had been no "miscarriage of justice".

To delay the matter further would be unfair on those who had sought diversion and wanted the process to continue.

 

Add a Comment