Conviction overturned for trucking firm boss
Court acknowledges cultural significance
The owner of a Taupō trucking company who was found guilty of obstructing a police officer had his conviction overturned because of the “significant” impact on his mana.
Green Transport owner and director Joshua Green – also known as Joshua Turner – was found guilty following a judge-alone trial in the District Court on one charge of obstructing a constable in performing his duty.
Judge Greg Hollister-Jones declined Green’s application to be discharged without conviction, and convicted and fined him $500. Green appealed to the High Court. The February 29 High Court judgment said a Green Transport logging truck was involved in a crash on the Napier/Taupō section of State Highway 5 on August 30, 2022.
A Senior Constable Stringfellow was the first officer at the scene. Judge Hollister-Jones found, in the District Court, Green “inserted himself” into the crash scene at an early stage.
Green saw the truck — driven by an employee and friend — was overturned. He went looking for him and started taking photos of the crash.
The judge found Green taking photos was “directly contrary” to Stringfellow’s directions.
He concluded this made Stringfellow’s job more difficult and “thereby obstructed him”.
Green said he was not there to obstruct and his actions were part of his manaakitanga for his staff, his duty of care and to have photos for insurance purposes.
The judge concluded Green was not concerned about whether his actions hindered the police – which he did on three occasions that morning – as long as he could do what he felt he needed to.
Green put forward three grounds in his application for discharge without conviction: The impact a conviction would have on holding a firearms licence, on his mana in the community, and difficulties regarding his son’s health.
The judge accepted the “real consequence” of a conviction on Green’s mana and how he perceived himself,
but concluded the effect on mana would be “the ordinary consequence of a conviction”.
Judge Hollister-Jones declined Green’s application for a discharge without conviction.
The High Court judgement by Justice Peter Andrew said appeals against conviction following a judgealone trial must be allowed if the judge had erred in assessing the evidence to such an extent a miscarriage of justice had occurred.
When considering applications for a discharge without conviction, the court should consider aggravating and mitigating factors, consequences of conviction and whether those consequences were out of proportion to the gravity of the offence.
In his appeal, Green’s claim the judge had erred in finding he obstructed the police officer intentionally was rejected.
The judgment said the critical issue was whether the judge was in error because he found the effect on Green’s mana was “an ordinary consequence” of conviction.
There were no aggravating features of the offending but several “significant” mitigating factors, including Green’s “dominant purpose” was not to hinder the police officer.
The findings of the Independent Police Conduct Authority — which dealt with Green’s complaint against the officer — recorded the senior constable’s acknowledgement he told Green at the scene that his company had a “bad reputation in Taupō”.
The senior constable had confirmed he would not say things like that again, but the higher court found the comment could partly “explain what Judge Hollister-Jones described as Green’s loss of self-control”.
The judgment said Green had demonstrated
genuine remorse and apologised to the senior constable.
A Green submission emphasised the impact of a conviction on his mana as a kaumatua and leader within Ngāti Tūwharetoa. It said mana conveyed “concepts of power, presence, authority, prestige, reputation, influence and control”.
A cultural report, and other information before the court, noted the company director had been an elected trustee for many Māori land trusts, was the director of the Central North Island Wood Council and held significant cultural knowledge.
Justice Andrew found Judge Hollister-Jones was in error in concluding the consequences were “the ordinary consequence of conviction”, but noted the High Court had been presented additional evidence.
The appeal was granted and Green was discharged without conviction.