A man with name suppression and Mark Joseph Hoggart have been on trial in the High Court at Auckland for seven weeks.
A former gang president who was sentenced to life imprisonment last year, more than three decades after the violent death of Red Fox Tavern publican Christopher Bush, will not be released from prison on electronically monitored bail while awaiting his appeal.
Mark Joseph Hoggart, 62, sat in a prison holdingcell today as he appeared via audio-video feed in the High Court at Auckland before Justice Mark Woolford, who oversaw the seven-week jury trial last year.
Hoggart, who was on bail prior to the guilty verdict, is currently 2 years and eight months into his 10-year non-parole period for the life sentence. An appeal of the verdict and sentence was filed in May 2021, and the Court of Appeal is set to review his case in Wellington next February.
During a hearing today, much of which the media is barred from reporting due to the Bail Act, lawyer Quentin Duff argued that his client be released in the interim.
Christopher Bush, 43, and a father of two, was shot dead in October 1987. Photo / Supplied
Hoggart and a co-defendant who continues to have name suppression pending his own appeal were accused of bursting through the back door of the Red Fox Tavern in Maramarua, northern Waikato, while in heavy disguise and armed with a shotgun and a baseball bat in October 1987.
During their sentencing hearing last year, Justice Woolford noted that the other defendant shot Bush after the publican threw a glass at him. Three bar employees were then tied up as the robbers emptied a safe of about $36,000.
After the murder, both men bought motorcycles - Hoggart using cash and a false name.
Mark Joseph Hoggart at his trial in the High Court at Auckland. Photo / Dean Purcell
It was also noted during the sentencing that Hoggart, who was the Filthy Few motorcycle gang's Waihi president in the 1990s, had a criminal career that spanned 45 years.
According to case law, the reasons for an appeal should not be taken into consideration while determining bail except for in compelling circumstances.
In his judgment today denying the bail application, Justice Woolford agreed with Crown prosecutor James Toebes that the circumstances of the appeal do not rise to that level.
