People arrested for minor offences at the festival who signed a letter pleading guilty but were not given a correct summons form by police to face the charges in court should have their cases dismissed, lawyer Russell Checketts told the Alexandra District Court yesterday.
He was appearing for six defendants, all of whom face charges of behaving in a disorderly or offensive manner or breaching the liquor ban on September 24 or 25 in Alexandra or Roxburgh.
The cases were to be heard before justices of the peace Daphne Stewart and Robert McNeil in court last Friday, but were remanded to yesterday so Mr Checketts could present legal arguments to Judge Stephen O'Driscoll and get a decision about some issues before the remainder of the cases were called.
Judge O'Driscoll said he had no jurisdiction to deal with it as a "preliminary hearing" and the matters would have to proceed to a defended hearing so arguments from both sides could be heard. The cases were adjourned to November 16.
Mr Checketts said the incorrect summons given to some defendants meant they had no formal notice of the date of their court hearing, and they were also given incorrect information about the penalty for their alleged offence.
"The police are the people who are meant to know the law and they've got it wrong - so wrong, it's a miscarriage of justice, " Mr Checketts said.
"Theoretically, a defendant could be dealt with by the court without ever having been notified of the hearing."
Prosecutor Sergeant Ian Collin said the matter went wider than just the handful of cases before the court yesterday and up to 65 defendants would be affected.
He believed the matter was "not beyond repair" and could be easily fixed.
There was no miscarriage of justice, he said.
Summonses could be served on all defendants and they would be advised they could appear in court if they wanted.
Blossom Festival weekend had presented some challenges for police and a "prisoner reception area" had been set up at the Alexandra station to process those arrested, Sgt Collin said.
Police officers had discussed the charges with each person arrested.
Judge O'Driscoll said a decision would have to be made by the police whether they wanted to withdraw any of the charges in light of the issues raised.
He was reluctant to advise the police what to do.
"You have to do what is right and proper, rather than me directing you."
A guilty letter form had to be as accurate as possible, he said. The one shown to the court, which was received by a defendant processed at Alexandra that weekend, could have been "better drafted".
He was also concerned that the Roxburgh and Alexandra police stations had used different versions of the forms that weekend.
Mr Checketts said the police could lay new charges against defendants affected by the mistake, but that would imply the original charges were "illegal or improper".
The police were the "authors of their own misfortune", he said.
