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Urewera appeal fails

in

The Court of appeal has rejected the appeal on both convictions and sentences for Urs, Taame, Rangi and Emily.

The four have the option of going to the Supreme Court. This may be a good option as the Court of Appeal was unable to reach a definitive conclusion on the issue of the use of illegal evidence to pursue the criminal group charge (Sec 98A of the Crimes Act) when there wasn't any additional evidence.

The Court of Appeal said:"we are bound by the decision of the Supreme Court that the evidence was admissible" so the four will have to take the issue up with the Supreme Court. You can read download the full decision here.

In brief, the argument is that the Crown brought charges against four of the 18 people charged more than a year after the original arrests, and after the Fairfax contempt hearing had finished. They brought this charge in order to be able to use evidence which they knew to have been illegally obtained, and used this more serious charge as the method for shoring up its eventual admission by the High Court (under the evidence act, evidence that is illegally obtained can be admitted if it is ruled to be 'reasonable' - an oxymoron if ever there was one).

So Operation 8 continues. Our two comrades remain in prison tonight and our other two comrades will be expecting the Department of Corrections back shortly to replace their home detention 'jewelry' which had been removed pending the appeal.

Love and solidarity to the Urewera 4.

 

 
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court_of_appeal_urewera_4_oct_2012.pdf269.93 KB

Comments

Tame Iti responded to the

Tame Iti responded to the 40-page Court of Appeal document dismissing his appeal today.

"The court decision really only affects my body... not my mind or thinking - I AM free and I will continue to use my time in Waikeria constructively, I paint everyday and contribute to the prison community. New Zealand knows me as a Tuhoe activist, so they will be pleased to learn that even in prison... I remain an active Tuhoe."

Iti's eldest son and whanau spokesperson Wairere commented on future plans,"We are not discounting a Supreme Court Appeal but these things take time and money. Dad has parole hearings just around the corner...so we are weighing up our options"

Why delete comments? since

Why delete comments? since when did this site support censorship

Hi Carly11, I have no idea

Hi Carly11, I have no idea what comments you are referring to; but just to be clear, indymedia has always had comments (and articles) deleted or hidden. We have an editorial policy which the editorial collective enforces. Please see: http://www.indymedia.org.nz/content/editorial-policy

cheers

Emily, Urs, Rangi,

Emily, Urs, Rangi, Tame,

Rainbow warriors of Aotearoa

He mihi aroha ki a koutou

If you do decide to appeal to the Supreme Court, I hope they will follow the logic of their previous ruling - that the illegally obtained evidence was inadmissible for the Arms Act charges. If they do, your charges, like those against the rest of the Operation 8 defendents, will be thrown out. Please let us know what we can do to support you. "An injury to one is an injury to all" - Industrial Workers of the World.

Kia kaha

Kia aroha

Kia manwanui