Wednesday, April 12, 2006

Appeals

Earlier this year I wrote about the appeal from the Mt Maunganui pack-rape case. I was equally disgusted at the Crown and defence lawyers:

The defence are appealing against the fact that rape shield laws didn't allow them to enter evidence about the woman's sexual history. These are the sorts of witnesses they want to use:
An e-mail from one statement-maker to another described the complainant as a "slapper" and described the alleged incident as "a good fun time".
Although the Crown lawyer isn't my favourite person either:
The Crown's other lawyer, Mark Zarifeh, defended remarks he had made to the jury at the end of the trial. He agreed that it would have been better if he had not said that, if the defence was to be believed, the complainant was a slut, but said it still starkly highlighted the contrast between the two sides.
The reason it was a bad idea, because even if she was a 'slut' she can still refuse to have sex with people.
I'm glad to say that particular appeal failed, and three of the men had all their appeals thrown out. One man was granted a re-trial and freed on bail because the judge didn't sum up his defence properly, which seems to me a much better grounds for an appeal than 'we didn't get to call her a slut'. The man who was granted an appeal is not one of the two men who previously had name suppression, but he has name suppression now.

4 comments:

  1. Elizabeth7:49 am

    Isn't it amazing how hard it is to find any information anywhere about 3 of these appeals being overturned! And why should the name supression continue now for those three?

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  2. I think name suppression has been reintroduced to protect the person who has an appeal. If you just put name suppression back on him it wouldn't do much good because people could just check who the other guy who didn't have name suppression was (of course at the moment you just need to check the sentance lengths, but they can't really do anything about it.

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  3. debbie fearon7:35 pm

    Thanks Maia - I read your blog because it seems the most accurate and I am really curious about this case. Sorry for breaching name suppression - but thanks heaps for info!! Keep up the good work.

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  4. Anonymous10:19 pm

    Wonder if these guys will be screwed with a broom handle by the Mongrel Mob........

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