Te Moni v Police

[2020] NZCA 316

IN THE COURT OF APPEAL OF NEW ZEALAND

I TE KŌTI PĪRA O AOTEAROA

 CA85/2020
 [2020] NZCA 316

BETWEEN	WIMARUKI DION DARRIN TE MONI Applicant
AND	NEW ZEALAND POLICE Respondent

Court:	Brown, Gilbert and Goddard JJ
Counsel:	Applicant in person S E Trounson for Respondent
Judgment: (On the papers)	29 July 2020 at 9.30 am

JUDGMENT OF THE COURT

The application for leave to bring a second appeal is dismissed.

____________________________________________________________________

REASONS OF THE COURT

(Given by Gilbert J)

1. On 2 January 2018, Mr Te Moni was charged with driving recklessly and failing to stop.  The prosecution case was that on 1 January 2018, Mr Te Moni was riding his motorcycle through Pokeno at 74 kilometres per hour in a 50 kilometre per hour area.  He failed to stop when directed by a police constable who activated the lights on his police car.  Instead, Mr Te Moni accelerated away, reaching speeds on the open road of approximately 165 kilometres per hour.  After bypassing a roadblock, weaving through traffic and failing to stop at a red light, Mr Te Moni was eventually stopped 29 kilometres from where he was first found to be speeding and directed to stop. 

2. Mr Te Moni pleaded not guilty to the charges.  Following a trial before Judge Recordon in the District Court at Manukau on 1 June 2018, Mr Te Moni was convicted on both charges.  He was subsequently sentenced on 30 August 2018 to 40 hours’ community work, nine months’ supervision and disqualified from driving for 12 months.[1] 

   [1]Police v Te Moni DC Manukau CRI-2018-092-34, 30 August 2018.

3. Mr Te Moni appealed against both conviction and sentence to the High Court. His appeal was dismissed by Downs J on 27 September 2018.[2]

   [2]Te Moni v Police [2018] NZHC 2526.

4. On 13 February 2020, Mr Te Moni applied, more than a year out of time, for leave to bring a second appeal to this Court.  He says time should be extended because “certain evidence of the Transcripts and much information [is] being collected and collated by Sovereign Counsel Whānau”.  As to the grounds of the proposed appeal, Mr Te Moni says a miscarriage of justice has occurred and he considers the proposed appeal raises a matter of general and public importance.  However, he does not elaborate on these points.  

5. In a minute dated 4 March 2020, Goddard J made an order directing Mr Te Moni to file fully particularised grounds of his application for leave to appeal no later than 18 March 2020.  The Judge explained in his minute:

   [5]       Mr Te Moni, you need to be more specific about your concerns with the judgment below.  You need to identify why you say the appeal raises matters of general or public importance, and what errors you say the High Court made that led to a miscarriage of justice.  You must send this to the Court and the respondent by Wednesday, 18 March 2020.

6. Mr Te Moni did not, and has not, complied with this direction.  He has not filed any further documents despite being sent reminders by email on 19 May and 9 June 2020.  On 16 June 2020, a further email was sent to Mr Te Moni asking him to provide a contact telephone number to enable a telephone conference to be convened on 1 July 2020 at 9.30 am to discuss whether the proposed appeal was to proceed or be abandoned.  Mr Te Moni did not respond to this request. 

7. In a minute dated 3 July 2020, Gilbert J set out the background and gave notice that the Court intended to dismiss the application for leave to bring a second appeal unless Mr Te Moni rectified his default by filing and serving fully particularised grounds of his application by 24 July 2020.  Mr Te Moni has not filed anything further in response.

8. In the circumstances, Mr Te Moni’s application for leave to bring a second appeal is dismissed pursuant to s 338 of the Criminal Procedure Act 2011 because of his failure to comply with the timetable order.

Result

1. The application for leave to bring a second appeal is dismissed.

Solicitors:
Crown Law Office, Wellington for Respondent