A Tauranga judge who sent a man to the cells for failing to stand when he entered the court says the culprit "appeared to be giving the court the finger".
Corey James Zohs, 32, who was seated in the public gallery in Tauranga District Court yesterday waiting for his case to come up, failed to stand up like everyone else when Judge Peter Rollo resumed presiding after morning recess.
The protocol of the court is for everyone to stand as the judge enters and leaves the court room and to sit when instructed by the court cryer or the judge.
Zohs, who was in court to be sentenced in relation to two breaches of prison release conditions, stayed seated as everyone else stood on the judge's return to the court room.
A clearly annoyed Judge Rollo eye-balled Zohs, who remained defiant, and the judge ordered him to be placed in the cells and sent a duty solicitor to have a talk with him. Judge Rollo then explained to the rest of the public gallery why he had done so.
"A man who refuses to stand for this court must be put in the cells. It's very disrespectful," he said.
After a couple of hours, Zohs returned to the court and apologised to judge, which he accepted. Zohs was eventually sentenced to six months' supervision for the two breaches of release conditions.
Outside court last night, Judge Rollo told the Bay of Plenty Times that Zohs' decision not to stand had been a "contemptuous act" which could not be tolerated. "The act was disrespectful, not to me as the judge but it was extremely disrespectful to the institution of the court and standing up for the court is just part of the protocols which must be followed by everyone."
Judge Rollo said sometimes judges put up with disdain for their role, but deliberate acts of contempt could not be ignored.
"Sometimes, as judges, we let things go ... but I know some judges don't take that view. I usually leave it to court staff to remind people to stand up and don't make a song and dance about it, and I certainly don't intend yelling at people across the courtroom to do so, it would be undignified.
"But in this case Mr Zohs not only didn't stand up like everyone else but he deliberately sat there after I eye-balled him to encourage him to do so. He appeared to be giving the court the finger, the bird. Some people may think I was a bit harsh but in this case I felt placing Mr Zohs in the cells for a couple of hours was not unwarranted."