TIMOTI v POLICE [2020] NZHC 3134

TIMOTI v POLICE [2020] NZHC 3134 [26 November 2020]IN THE HIGH COURT OF NEW ZEALANDHAMILTON REGISTRYI TE KŌTI MATUA O AOTEAROAKIRIKIRIROA ROHECRI-2020-419-000077[2020] NZHC 3134BETWEEN CHARLIE TIMOTIAppellantAND NEW ZEALAND POLICERespondentHearing: 2 November 2020Appearances: Appellant in personBT Vaili for RespondentJudgment: 26 November 2020JUDGMENT OF DOWNS JThis judgment was delivered by me on Thursday, 26 November 2020 at 3 pm.Registrar/Deputy RegistrarSolicitors:Crown Solicitor, Hamilton.Copy to: Appellant.[1] This brief judgment addresses an appeal "heard" on the papers.[2] On 28 July 2020, Judge R L B Spear found Charlie Timoti guilty of drivingwhile suspended. The offending occurred 4 April 2019. Mr Timoti was driving acourier van. A Police officer recognised Mr Timoti, and stopped him.[3] Mr Timoti self-represented in the District Court. He was belligerent, disruptiveand ultimately, removed from the courtroom.1 Judge Spear noted this was the firstoccasion "in over 25 years I have had to continue without the defendant."When Mr Timoti was returned to the courtroom for sentence—60 hours' communitywork and disqualification from driving for six months—he said, "I am going to appealyour decision immediately", and the case was "definitely a bit fraudulent".[4] Mr Timoti later filed an appeal, seemingly against conviction and sentence.I say "seemingly" because the document is difficult to follow. Mr Timoti's groundsof appeal, in a separate document filed at the same time, reduce to the proposition theDistrict Court had no jurisdiction because Māori have not ceded sovereignty.[5] Mr Timoti did not file submissions to support his appeal. When he appearedbefore me, he was wearing a large flag as a cape. I repeatedly asked Mr Timoti toremove the flag. He would not. Mr Timoti said I was committing "treason". Ratherthan invite (appellate) disruption, I gave Mr Timoti 14 days to file a writtensubmission. I told Mr Timoti I would decide his appeal on the papers. I issued aMinute the same day encouraging Mr Timoti to engage. He responded with a one-pagedocument described as a submission. The document contains no argument.[6] I have read the record, mindful of Mr Timoti's self-representation and the factof his courtroom removal. Constable Singh said he stopped Mr Timoti on17 February 2019 and served a suspension notice that day—service of this notice(for demerit points) was outstanding. Constable Holam said he stopped Mr Timoti on4 April 2019. He said Mr Timoti's reaction "was one of verbal aggression".1 The Judge also found Mr Timoti in contempt. He imprisoned him for a month.[7] The charge was supported by admissible evidence. The evidence establishedthe charge. The decision finding the charge proved is error-free. Sentence appearswithin range.[8] Mr Timoti's appeal is dismissed...Downs J