A Mongrel Mob member convicted of the stupefaction and sexual violation of a 15-year-old girl has lost a bid to have his court case declared a mistrial because of adverse publicity.
Thomas William Milligan, now aged about 35, was sentenced to five years and seven months' prison in Palmerston North District Court last year.
During the jury trial his victim described how Milligan gave her a tablet to take and later performed a sexual act on her.
However, he went to the Court of Appeal and said that during the trial she also identified him as a Mongrel Mob member, which could have triggered recollections of previous adverse media publicity, described by the court as "sensational".
The Manawatu Standard had described Milligan as an armed and violent gang member, gave details of previous convictions and alleged he was a heavy methamphetamine user.
He also claimed a police media release during the jury trial, which was run by two radio stations, More FM and Newstalk ZB, before being withdrawn, was also prejudicial in that it "breathed new life" into the previous media coverage.
The broadcasts reported that two men had been arrested at the District Court for witness intimidation.
During the trial the victim also gave evidence of being threatened by Mongrel Mob members.
But the Court of Appeal, in a decision released today, said it was not satisfied there had been a miscarriage of justice.
It dismissed the appeal and said that although the information Milligan was a Mongrel Mob member was potentially prejudicial, the judge in the trial, Judge Les Atkins QC was at pains to repeat to the jury not to turn their minds to it.
Judge Atkins' directions to the jury regarding the media release were also clear, unequivocal and unambiguous and there was no basis to think the jury disregarded the judge's instructions.
