Taranaki man to be extradited for alleged ‘serious harm’ incident in Australia

An order has been made to extradite Paul Joseph Tamainu. Photo / Brett Phibbs

A man living in New Zealand has been surrendered to Australia so he can face trial for allegedly causing “serious harm” to someone six years ago.

But Paul Joseph Tamainu has indicated he would appeal against that decision while held in custody.

According to Australian reports, Tamainu was allegedly involved in a 2017 machete attack on a man in a drug deal gone wrong.

The Australian Government has since called for his extradition so he can answer charges in relation to the alleged attack, said to have happened in Ravenswood, south of Perth.

On January 30, Tamainu, who has been living in Taranaki, appeared in New Plymouth District Court where Judge Tony Greig considered whether he was eligible for surrender.

The judge’s oral judgment, provided to NZME today, said Tamainu claimed he was a sovereign person who was not subject to the jurisdiction of the court.

Tamainu appeared in New Plymouth District Court last month. Photo / Tara Shaskey

He refused to stand in the dock, then had to be forcibly removed, and his supporters were in contempt of court, it said.

“The material you filed with the court has nothing to do with the suggestion you caused serious harm to someone in Australia in 2017,” Judge Greig told Tamainu, asking if he had anything he wished to add.

Tamainu asked if he could have time to formulate another response to the request to have him extradited, claiming he had only recently received the relative paperwork, including an affidavit from a detective sergeant in Western Australia.

But Judge Greig was sceptical.

“I find that very hard to believe,” he said.

Tamainu, who represented himself, said “he was still trying to learn” and had submitted the wrong paperwork.

“Because I - and I go under common law and it is my right under the Magna Carta to I want to be judged in a common law court on these issues,” he said.

Judge Greig assured Tamainu he was in fact being judged in a common law court, that Magna Carta was being upheld, and that he was having due process.

Tamainu then submitted he wanted to be judged by a jury, and went on to say he felt he was being denied justice.

But the judge said he could go before a jury in Australia, finding that the legal grounds had been met for his surrender.

“I am satisfied that you are an extraditable person. The offence you are charged with is an extraditable offence punishable by a maximum of 20 years’ imprisonment in this case.”

Judge Greig issued a warrant for Tamainu’s detention in a prison pending his surrender, which would not occur until at least 15 days following the ruling.

The judge did not have the jurisdiction to grant him bail, he said.

While detained, Tamainu had the right to apply for a writ of habeas corpus and the right to lodge an appeal.

He indicated he would appeal against the decision but it is not known to NZME whether he had begun that process.