Loophole query delays hearings

Police monitor vehicles arriving in Alexandra during the 2010 Alexandra Blossom Festival. Photo...
Police monitor vehicles arriving in Alexandra during the 2010 Alexandra Blossom Festival. Photo by Peter McIntosh.
The fate of between 40 and 50 people charged with offences during blossom festival weekend hinges on the outcome of a legal challenge over whether correct procedures were followed by police.

Justices of the peace Daphne Stewart and Robert McNeil sat in the Alexandra District Court yesterday to deal with most of the charges from that weekend, September 25, 26.

Most of the charges related to breaches of the liquor ban.

Some involved behaving in a disorderly or offensive manner.

Others involved fighting in a public place.

Lawyer Nicole Murphy said there was an issue, in some cases, about the summons which should have been given to those arrested.

She said it was probably more appropriate for the matter - a long legal argument - to be debated before a district court judge.

"In a nutshell, we believe some people were not sent away with a 19A summons or the summons itself was defective, so those matters should be withdrawn."

Under Section 19 A of the Summary Proceedings Act, police can release a person charged with a minor offence to appear on a summons to answer the charge.

Mrs Murphy said the outcome of the legal challenge would have an effect on other similar cases from that weekend.

Police prosecutor Sergeant Ian Collin said it was a procedural matter.

About 50 cases, mostly from blossom festival weekend, related to similar matters and processes used to bring people before the court.

Sgt Collin suggested the bulk of the cases be adjourned to November 16, pending the decision made after the argument was presented to a judge on Thursday.

Most defendants believed their cases would be dealt with yesterday and had signed letters pleading guilty, Sgt Collin said.

Mrs Murphy said the "test cases" of five or six of her clients on Thursday would determine how the others were dealt with.

Six cases were adjourned to Thursday.

A further 45 cases were adjourned to November 16.

Of the 45 cases, more than half related to breaches of the liquor ban.

The Otago Daily Times last week reported concerns from Alexandra lawyer Russell Checketts about whether people arrested during blossom festival had been told it was their right to contact a lawyer, and whether, if they pleaded guilty by signing a police letter at the time, they were aware what they were pleading guilty to.

Convicted yesterday for breaching the liquor ban were. -

• Nicholas Adam Lucas (18), of Dunedin, labourer, Alexandra, September 25, fined $150, ordered to pay court costs of $132.89.

• Kade Alan McLeod (18), of Milton, mill hand, Alexandra, September 25, fined $150, ordered to pay court costs $132.89.

• Joshua James Olsen, (18), of Dunedin, joiner, Alexandra, September 25, fined $150, ordered to pay court costs of $132.89.

Convictions for behaving in an offensive manner. -

• Nicolas Chant (23), of Queenstown, Alexandra, September 25, fined $150, ordered to pay court costs of $132.89.

• Joseph Alexander Baker (18), of Mosgiel, builder, Millers Flat, September 25, fined $150, ordered to pay court costs of $132.89.

• Shaun David McColgan (20), of Niagara, fisherman, Alexandra, September 25, fined $250 (not a first-time offender) and ordered to pay court costs of $132.89.

 

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