Former ACT Party president Tim Jago appeals sexual abuse conviction and sentence
Photo:
RNZ / Nick Monro
A court has heard former ACT Party president Tim Jago's appeal against his sexual abuse conviction and sentence.
Jago was found guilty of sexually abusing two teenage boys in the 1990s after a jury trial last year.
One of the boys was under 16 years old, and the other was over 16 years old.
Jago sought to have his conviction overturned as a miscarriage of justice, arguing the jury had reached an unreasonable verdict and that the judge's summary was unbalanced.
Jago appeared remotely from custody at the Court of Appeal in Auckland today as he served his two and a half year sentence.
His lawyer Ian Brookie explained the two-pronged appeal.
Brookie first argued that Jago's conviction was unreasonable and that the jury should have entertained reasonable doubt.
Central to his argument was that Paul Oliver - a survivor who waived his name suppression - was uncertain of the timing and location of the assault when questioned during the trial.
"What we say is the evidence and the issues with evidence with reliability… There's just no way a jury could have fairly convicted this man," Brookie said.
"Our submission is that evidence was so unreliable the jury should have entertained reasonable doubt."
Brookie also took issue with the judge's summary before sending the jury to deliberate.
The judge had advised the jury that the historic nature of the complaint, which came more than two decades after the assault, did not mean it was necessarily untrue.
Brookie argued the judge should have balanced this statement with the defence's argument that the complaint could have been false.
"The concern here is the jury is effectively being told by the judge that a delayed complaint is not untrue," he said.
However, Crown lawyer Robin McCoubrey disagreed.
"The very purpose [of the judge's statement] is to provide balance to correct the misconception that [a delayed complaint is more likely to be false]," McCoubrey argued.
The second part of the appeal was that Jago's sentence was too harsh and that he should have been sentenced to home detention instead of imprisonment.
Brookie argued it was wrong to characterise the offending on the whole as "sexual offending against children," because only one of the two complainants was under the age of sixteen at the time.
He also said Jago should have been given a bigger discount for community contributions, though the Crown argued the discount he received was adequate.
"The only just and considered response should have been home detention," Brookie said.
"Ultimately, there was just a plain wrong decision not to impose home detention here. It was not appropriate to say deterrence required imprisonment."
The Court of Appeal has reserved its decision for a later date.
Sign up for Ngā Pitopito Kōrero
,
a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
RNZ News
34 minutes ago
- RNZ News
Kaiwaka farmer Niven Lowrie admits to animal neglect, 14 deer found dead
By Shannon Pitman, Open Justice multimedia journalist of File photo. Photo: SUPPLIED A deer had to be euthanised after it was found with its antlers entangled in a fence and its body caught in thick mud. The trapped and emaciated stag was part of a bigger problem at a Northland deer farm, where many animals had been starved as they were left to fend for themselves over the winter months. Farmer Niven John Lowrie has now admitted charges relating to their neglect. This week, Lowrie, who has a history of ill-treatment of animals, appeared in the Whangārei District Court. According to court documents, he has been farming for most of his life and manages a 30-acre deer farm in Kaiwaka. In 2023, he was also overseeing a dairy farm at another location, meaning his deer farm, which had 145 red deer, eight beef cattle and 60 sheep, was being overlooked. Ministry for Primary Industries (MPI) inspectors visited his deer farm on three occasions that year. They discovered 14 dead deer and insufficient pasture to sustain the number of livestock he was responsible for. According to the summary of facts, Lowrie had failed through the winter months to monitor the animals' feed and they were left to fend for themselves. The remaining animals had been separated by age or classification and all were suffering from underfeeding, leaving them in a severely compromised state of welfare. Lowrie had only provided 49 percent of the deer's nutritional requirements and ultimately, they were left starving for three months. When MPI spoke to Lowrie in August 2023, he acknowledged there was not enough supplementary feed. The following month, the inspectors found an adult stag at the property with its antlers entangled in fencing wire and its body trapped in mud deep below the fence line. It was emaciated and exhausted and could not be saved, resulting in it being euthanised at the property. Lowrie went on to be charged with ill-treatment of an animal and of failing to meet the physical needs of animals, which he admitted in court this week. He will be sentenced at a later date. It is the second time he has come before the courts for similar offending, with his last being in 2015. On that occasion, Lowrie was convicted on 12 counts of ill-treatment of an animal after 12 dairy cows were found dead on his farm in September 2013. His farm was found in a rundown state with internal fences in disrepair, broken or disconnected water troughs, and a number of deer carcasses in paddocks. A further 13 animals were emaciated. He was fined $4000 and ordered to pay reparation of $2808 to MPI as a result. * This story originally appeared in the New Zealand Herald .
RNZ News
2 hours ago
- RNZ News
West Coast companies sentenced after workers collapse in toxic gas pit
The pit at Taylorville Resource Park. Photo: Supplied / Worksafe A Greymouth man still suffers flashbacks from being trapped, unable to breathe, almost two years after rescuing a colleague from a pit of poisonous gas, a court has heard. Paul Smith Earthmoving and Taylorville Resource Park Limited have been ordered to split more than $685,000 in fines, fees and reparation payments after the two workers were overcome by fumes in a pit they were digging in August 2023. The Paul Smith Earthmoving workers had not been told the Taylorville Resource Park landfill had a significant problem with hydrogen sulphide gas. In sentencing at the Greymouth District Court on Friday, Judge Jane Farish said the companies had demonstrated a "near-complete failure" to identify and address the site's dangers and there was a risk the men could have died. "Both companies should have been aware of the seriousness of the harm that could have been caused by that gas," she said. They had earlier pleaded guilty to one charge each of exposing workers to a risk of death or serious injury. The first worker who collapsed was hospitalised in critical condition with chemical burns to his eyes, seizures, lung inflammation and an irregular heartbeat. The supervisor who rescued him was treated for toxic gas exposure and developed a knee infection from trying to clamber out of the pit, as well as PTSD. He also lost his job with Paul Smith Earthmoving because of a restructure, which Judge Farish said had compounded the psychological impact. According to the summary of facts, Taylorville Resource Park Limited staff had noticed a "rotten egg smell" at the landfill in January 2023. The company sought advice from an expert who said the site had an excess of hydrogen sulphide gas and it needed to "make the workforce aware of the danger". Taylorville and Paul Smith Earthmoving discussed the presence of the gas in a series of emails but when staff were asked to excavate a pit at its site, neither of the two workers was given a safety briefing about the hazards. One of the men was told the smell was not going to kill him and that it was "only one sort of gas". The workers had dug a five-metre pit, when one of them tried to clear any blockages using a spade. As he tried to get out, he fell face-down and unconscious, overwhelmed by the toxic fumes. His supervisor climbed down to retrieve him but was also overcome by fumes and lost consciousness. The supervisor briefly regained consciousness but passed out again, falling back into leachate. On his third attempt, he managed to climb out of the pit and contact emergency services. A gas detector used by emergency crews that day recorded hydrogen sulphide levels peaking at 175ppm. The court heard anything over 100ppm was considered "dangerous to life and health". The detector also picked up more than 50ppm of hydrogen cyanide, also above the level considered "immediately dangerous to life and health". The worker was flown to Christchurch Hospital in a critical condition and admitted to ICU, while his supervisor spent a night at Greymouth Hospital being treated for toxic gas exposure. The pit at Taylorville Resource Park. Photo: Supplied / Worksafe In statements provided to RNZ by WorkSafe, the men described the lasting impact of their near-death ordeal. The supervisor said it had ruined his life. "Every night for the first six months after the incident and now once a week I wake up suffering flashbacks thinking I am still in the pit, not being able to breathe, and thinking I am going to die," he said. The loss of his job had left him socially isolated and alone, compounding the psychological toll. "This incident has taken away my life. All my goals and aspirations can no longer be achieved. The mental, physical and financial impacts have had a profound impact in every area of my life and will continue to do so for a long time," the man said. The other worker said he had no memory of the incident, but felt bad for what his colleague went through. In a statement, WorkSafe's inspectorate head Rob Pope praised the victims' strength throughout the investigation and prosecution process. "The experience these men have gone through was both terrifying and completely avoidable. It's only by sheer luck that both survived. Businesses must manage their health and safety risks, and when they do not we will hold them to account," he said. Judge Farish noted neither company had previous WorkSafe convictions and that Paul Smith Earthmoving previously had an excellent reputation. Paul Smith Earthmoving's lawyer Chris Macklin said the incident had left the company in a state of "shock and dismay". "It was frankly a real embarrassment for the company to find itself in this position," he said. Neither company was "trying to escape under the radar," he added. Paul Smith Earthmoving had undertaken restorative justice with the supervisor and Taylorville Resource Park Limited had spent $87,000 on new safety measures including emergency management and health and safety plans. Judge Farish said the costs would have been incurred anyway "if the job had been done properly," with PPE, gas detectors and expert advice. "If you are running a business such as the Taylorville Resource Park, you are always going to have a significant cost because the nature of the business is risky, particularly when you're dealing with contaminated waste," she said. Taylorville Resource Park Limited was fined $302,500, while Paul Smith Earthmoving was fined $272,250. The companies were also ordered to pay a combined $81,256 in reparation to the two workers. The supervisor received $53,256 while the other worker received $28,000. Each company was also ordered to pay $14,605 to WorkSafe to contribute to its legal and investigation costs. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
2 hours ago
- RNZ News
Alleged hotbox murder: Gang president never ordered assault, victim was ‘mate of 20 years'
By Belinda Feek, Open Justice reporter of On trial for the murder of Mark Hohua are Tribesmen gang members (clockwise from top left) Te Patukino Biddle, Ngahere Tapara, Dean Collier, Conway Rapana and Heremaia Gage. Photo: Supplied/NZME The president of the Tribesmen Aotearoa gang says he didn't want a fellow member to be killed and didn't order a 'hotbox' attack on him. Mark 'Shark' Hohua died, after a series of assaults at president Conway Rapana's Hodges Rd property in Waimana, Eastern Bay of Plenty, in June 2022. The Crown has told a jury that the attack was a hotbox, ordered by Rapana. A hotbox is when a gang delivers a beating to one of its members. Rapana was allegedly upset that Hohua, 48, had set up an automatic payment from the gang's bank account for three online purchases. In his closing statement, Crown Solicitor Richard Jenson said Rapana had been heard to say that Hohua "needed to be killed", after Rapana found out about the money. Rapana, vice-president Heremaia Gage, patched members Ngahere Tapara and Te Patukino Biddle, and prospect Dean Collier are on trial in the High Court at Hamilton, accused of Hohua's murder. Rapana's defence counsel, Nick Dutch, said Hohua's death was a "tragedy, we can't shy away from that". "On 19 June 2022, Conrad Rapana lost his friend of over 20 years." Rapana had previously taken Hohua to his house to help shake him out of his addictions, banning drinking and drugs, and instead getting him fit and strong. Hohua's partner, Rebecca Van Der Aa, testified that she "hated" Rapana, but she admitted Hohua and Rapana had been friends, and that Rapana had tried to help Hohua. Dutch also reminded the jury about a time when Hohua texted his resignation to the gang in the weeks before his death. "Conrad's response was, 'Love you brother, I will miss you, my bro, Tribesmen'. "Unfortunately, though, Mark Hohua died. "No-one wanted this to happen. Conrad Rapana certainly didn't want him to die." He disagreed with the Crown's suggestion that Hohua's death was planned. "This was instead unplanned fighting. It was just chaos." There was also no hotbox, he said. "It wasn't a hotbox. The children wouldn't have been there, if there was a hotbox. "[Rapana's partner] wouldn't have been there, if it was a hotbox." In a text exchange with Gage, Rapana had described the incident as "a f***** ugly mess". "And that's what it was," Dutch said. There was also no evidence that Rapana had ordered a hotbox on Hohua. "There's no evidential foundation. The text evidence is that no-one knew." It was the opposite, in that Rapana hadn't been heard urging the start of a fight, only to "stop" fighting. "They just heard him say, 'Stop' with urgency." Biddle's lawyer, Matthew Goodwin, told the jury earlier in the trial that Hohua's fatal injuries were caused, when he fell on a set of steep and unstable concrete steps, while fleeing the house. Dutch reminded the jury that Justice David Johnstone had already made it clear that they could not convict the defendants of murder, if they were not sure whether he fell. "And you can't guess, because if there are two or more logical conclusions, you can't draw an inference that one is preferred to the other." He referred to the evidence of a pathologist, who said it was "an entirely possible scenario" that Hohua's head injury was caused by a fall. "Mr Rapana is not guilty of murder and not guilty of manslaughter," Dutch said. Biddle's counsel, Matthew Goodwin, said his client's phone call from 28 June, 2022, held several key markers of his defence. He admitted giving Hohua "a hiding or at least part of it". "He knew he'd made some sort of contribution to his death, because he talks about manslaughter. "Of course, he's had no legal advice for that call... but he was pretty much on the money, because he pleaded guilty to manslaughter." In the phone call, played again to the jury, Biddle is asked by a friend about what happened and whether he was "going down for it and did you give him the hiding?" "Pretty much," Biddle replied. Asked whether he could argue that someone had "sent him" to do it, he replied, "Nah, nope". He then said his "intention was never to kill him". "The c**t just jumped off the bank and f***** himself up," Biddle is heard saying. Goodwin also said the Crown appeared to have taken only the pieces of Biddle's evidence that suited its case. "The staircase was a crucial factor... in causing Mr Hohua's injury. The Crown is scared of that reality and that's why they try to present a different picture to you." Jenson had submitted that Biddle was trying to "soften the blow" by admitting manslaughter on the phone. "Really?" Goodwin asked. "'I gave him a hiding and I'm guilty of manslaughter'. "I'm not sure that's what I would call softening the blow to a friend. "He's admitting culpable homicide, which is manslaughter." Goodwin said all he asked of the jury was to "apply fairness and common sense". "Isn't the Crown really cherry-picking the evidence that suits them, then rubbishing the evidence that doesn't?" He said Biddle's admission was a "major road block" for the Crown's aim to secure murder convictions. "The just verdict for my client is not guilty to murder." Rebekah Webby, counsel for Gage, said her client's position was different from the others. Apart from his confirmation that he was at the property that day, there was no evidence that he did anything. She cited the evidence of Hohua's son, Matiu Jnr, who went to the property with his father and Biddle that day. "When he's asked specifically about Mr Gage, he didn't think he had seen Mr Gage, didn't see Mr Gage hit... kick... or following any instructions, following anyone or see anything. "In fact, he didn't see Mr Gage whatsoever around his father." She pointed to drone footage of them arriving - Matiu Jnr said himself that he looked "pretty relaxed". "If you're his son, you wouldn't walk up to the property, if you knew... he was going to get a hotbox and start hugging people," Webby said. She said no-one knew that Hohua was going to be at the property that day. "The only proper verdict for Mr Gage is not guilty to both murder and manslaughter." Collier's counsel, Bill Nabney, told the jury that his client was innocent. "The first thing is that Dean Collier is not guilty of murder or manslaughter." He submitted that's because the gang's new sergeant-at-arms at the time, Wayne Kiri, who is now with Black Power Ruatoki, told Collier he would be taking the rap for Hohua's death. "Mr Kiri has the power to do that, because he has the power in the Tribesmen... he was the enforcer. "He's the man doing the clean up. Mr Kiri wasn't even at the house on the 18th, but is organising what he wants to be the narrative." Kiri had also forced Collier to lie to the police on two occasions and also about finding Hohua's body on a bridge. "He was just doing what he was told to do." Hospital staff testified that Collier looked upset, when dropping off Hohua. Nabney said Collier was not part of any of the violence and was critical of the evidence given by Te Haruru Biddle, the brother of the defendant, and Hohua's son, Matiu, which he labelled "inconsistent". Te Haruru Biddle gave "four different accounts as to what he says happened" and admitted, in his cross-examination, that he'd been told what to say about Collier's involvement that day. Tapara's counsel, Caitlin Gentleman, told the jury there was no evidence her client was involved in any of the violence. In fact, the first assault at the shed had either already started or "potentially finished" by the time Tapara arrived at Hodges Rd. "The Crown is asking you to assume that because he was at Hodges Rd that day, that he was involved in the assault at the shed. "There's absolutely no evidence from anyone ... that Mr Tapara was in or near that shed." Three witnesses who were there that day had testified, but none had said that Tapara was near the shed. As for a third alleged assault at the river, Gentleman said that it never happened because her client stopped it from happening. He did clean up Hohua, washing off blood, using a water bottle. The person the Crown was relying on, Te Haruru Biddle, couldn't be relied on because he'd given four different accounts of how and where Hohua got into the Rav 4 to be taken to the river. "No one at Hodges Rd saw Mr Tapara hitting or punching anyone." Tapara did take Hohua to the hospital because he cared. "You heard [evidence] from the nurse that he was concerned, and said, 'make sure you hold his head up'. "This wasn't a dump and run." She urged them to find Tapara not guilty of both murder and manslaughter. * This story originally appeared in the New Zealand Herald .
