Taupo & Turangi Herald

Conviction overturned for trucking firm boss

Court acknowledg­es cultural significan­ce

- Megan Wilson

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.

 ?? ?? Green attended the scene where a truck belonging to his company was involved in a crash.
Green attended the scene where a truck belonging to his company was involved in a crash.

Newspapers in English

Newspapers from New Zealand