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The High Court has upheld the decision of a New Plymouth judge to send a man back to Australia, where he faces charges in relation to an alleged machete attack in 2016. (File photo)
A Taranaki man has lost his appeal against an extradition order which will see him sent back to Australia to face trial over his alleged involvement in a 2016 machete attack.
Paul Joseph Tamainu appeared in the High Court at Wellington on Wednesday, seeking a rehearing on the issue, after a January 30 ruling from the New Plymouth District Court approved his extradition to Australia.
Western Australian media reports from September 2017 said when two alleged co-offenders stood trial, Tamainu was described as a key figure accused of using a machete in a planned attack on a drug dealer.
The alleged attack, against three men, took place in a Ravenswood hotel in June 2016.
The two men who faced trial in 2017 were found guilty of their role in the assault.
UNSPLASH
Western Australian police sought Paul Tamainu’s extradition, which was granted by Judge Tony Greig on January 30. (File photo)
Tamainu appealed district court Judge Tony Greig’s decision on the ground that it breached his natural right to justice under the New Zealand Bill of Rights.
At Wednesday’s appeal hearing, Tamainu’s lawyer Mark Ryan submitted that his client was an unsophisticated and vulnerable person, who had represented himself at the district court hearing.
Ryan said without a lawyer, Tamainu didn’t have a realistic chance of being properly heard.
However, Crown prosecutor Jo Woodcock countered by saying Tamainu previously had a lawyer who had expertise in extradition cases, as well as adequate time to prepare a case, but decided to represent himself instead.
Ryan Anderson/Stuff
Defence lawyer Mark Ryan represented Paul Tamainu at his High Court appeal, where he described his client as a vulnerable person. (File photo)
On Friday, Justice Helen McQueen released her decision, which dismissed the appeal.
Her ruling outlined how Tamainu had failed to appear in court twice in Western Australia in September 2017, where he faced three serious violence charges, including causing grievous bodily harm with intent.
She said Tamainu was provided an opportunity to be heard in the district court and there was no basis to conclude his natural justice rights had been breached.
Therefore, no error in law was established, the ruling said.
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