Peria man Tobin told to appeal his case to the High Court

A Northlander has failed in a bid to bypass the High Court and appeal against a conviction in the District Court straight to the Court of Appeal.

Peria man Maxwell Charles Dallimo Tobin was in 2018 sentenced by the Kaikohe District Court to four and a half years’ jail after being found guilty of wounding with intent to cause grievous bodily harm.

He was found to have dragged his 67-year-old neighbour along a road by the man’s beard and slammed him into a letterbox in a dispute over barking dogs and a Facebook post. His neighbour suffered broken ribs and a punctured lung.

However, the sentencing judge’s improper direction to a jury on selfdefence has led to his conviction being quashed and a retrial ordered.

At his retrial in November, the Crown reduced the charge he faced to one of causing injury with reckless disregard for safety. After discussion with his standby lawyer appointed by the court, Tobin pleaded guilty and was sentenced by Judge John McDonald to seven months in prison.

In December, he filed a notice of appeal in the Court of Appeal against his conviction on the grounds he was coerced into pleading guilty by the threat of either a second trial or psychological assessment.

Tobin argued he pleaded knowing he could appeal, Judge McDonald refused to consider facts in support of his complaints about police and that his neighbour was known to be a local motorcycle riders club member with a “history of unpredictable violence”.

The Court of Appeal judges declined jurisdiction to hear the appeal, saying Tobin may refile his application in the High Court.

Tobin requested from court a copy of a video he prepared after the events on which he was convicted.

The video was admitted as evidence in his first trial and showed him driving to the point where he said he grabbed his neighbour’s beard and the point where he let him go.

The Crown did not object to his request for access to the video but said if the Court of Appeal found it had no jurisdiction to hear Tobin’s appeal, it may be more appropriate for the High Court to determine his request. The Court of Appeal agreed with the Crown.