The Supreme Court yesterday dismissed former Mongrel Mob gang member John Wharemako Gillies' application for leave to appeal.
Gillies had sought leave to appeal over the Court of Appeal's dismissal of his appeal against convictions on charges of having cocaine and methamphetamine for supply, aggravated assault and assaulting a police
officer.
One proposed ground of appeal concerned the failure of his trial counsel to apply for a change of venue.
But the Supreme Court judges said: "We do not consider it fairly arguable in the circumstances of this case that the lack of an application for change of venue gave rise to a miscarriage of justice."
The judgment said the court dealt with Gillies' case on an evidential basis, not on any basis of principle.
"It is not necessary in the interests of justice for this court to re-examine the court's decision in this respect.
"We are satisfied that the trial judge fairly put to the jury the elements of the appellant's defence as lawfully open on the evidence.
"In short, no point of public or general importance arises out of the Court of Appeal's decision, nor has anything been advanced from which it could be said that a substantial miscarriage of justice has occurred or may occur unless this court addresses the matters which the appellant wishes to raise."
- NZPA
