24 August 2016
7 September 2016:
To the Registrar of the High Court at Wellington:
I emailed an urgent application for recall of a judgment of Simon France J in the matter of Te Ringa Mangu Mihaka v Police, including an application for waiver of any applicable fee, to the High Court at Wellington on 25th August 2016 but have not had any response to the application or acknowledgment of receipt, and am writing to confirm that it has been received and is being actioned.
Please acknowledge receipt of the application urgently - this matter is the subject of imminent hearing in the Human Rights Review Tribunal and it is vital that the application for recall is acknowledged prior to this hearing. There has been a serious, substantial miscarriage of justice, there is fresh evidence, and this application is URGENT.
9 September 2016
I refer to the Application for Recall of Decision referred to in your email below.
Please advise the legislation you rely on to file the application and have the judgment of Simon France J recalled as I have not been able to find any reference in the Criminal Procedure Act 2011 which allows the filing of this application some 14 months after the decision was made.
I look forward to hearing from you.
"the miscarriage of justice is serious and the information was not made available within 5 working days - the application was made as soon as the information was made available by the other party."
Both rule references relate to Appeals and Reviews in the Civil jurisdiction of the High Court, not the Criminal jurisdiction, which is what your appeal relates to. The criminal appeal process is governed by the Criminal Procedure Act not the Judicature Act. I am therefore unable to accept the Application for Recall.I respectfully suggest seek legal advice as to what other options might be available to you to have Mr Mihaka's conviction readdressed in the Courts.Kind regardsSheena
Tena koe Sheena,
We refer to para 61 and others in the attached Law Commission report.
Na Katherine Raue
Maori Agent for Te Ringa Mangu Mihaka
Criminal Manager (Acting) | High Court, Wellington
Phone: +64 4 914 3619 | Ext: 53619
And all the time the colonial Crown government have been screwing down 'omnibus' changes to the legislation regarding criminal and civil Court procedure, to limit the avalanche of claims resulting from the devolving of the system and the privatising of the justice system (along with everything else that's not nailed down), they've been limiting access to legal aid more and more to the point where it's just become an absolute joke - a black joke, a sick joke - a joke on people like Te Ringa Mangu Mihaka and all the other tangata whenua who clog up the 'justice system' and fill the jails, their lives in tatters and their reputations in ruins because of gossip and whispers.
Agent Raue will be framing a further plea to the Court applying sections 237 - 240 of the Criminal Procedure Act, this report will be updated shortly with the further plea. We also have Plans C, D, E and FU up our sleeves and can come up with more plans if none of those work too.