Pine accused battle with judge

By JASON COLLIE

Three Northland Maori accused of attacking the pine tree on One Tree Hill are fighting to face a marae trial and not the district court.

The trio - Pauline Creeks, aged 44, Cecilia Jerusha Creeks, 21, and Daniel Wilson, 47 - said yesterday that they did not recognise the court, but their affidavit and arguments were turned aside by Judge Bernard Kendall in the Auckland District Court.

In between interruptions from Pauline and Cecilia Creeks and their representative, Te Rangitane-Nie-A-Rangi, who said she was a judge of the whenua (land), Judge Kendall repeatedly said he could not transfer the case and the hearing was only to set a trial date.

After repeatedly trying to bring the hearing to an orderly finish, the beleaguered judge put his foot down and ended the day's session, walking out on the grumbling accused and their supporters.

Te Rangitane-Nie-A-Rangi claimed the trio were ruled by God's law and said she was making an order herself which overruled Judge Kendall.

After Judge Kendall tried to halt the hearing Pauline Creeks responded: "If you're not prepared to look at it, can we have another judge to look into it?

"We ask to have it in a marae so we could be treated in such a way where we would not be feeling that we are oppressed, as we already do in our own land."

Judge Kendall said: "I mean no disrespect to any of the defendants when I indicate immediately that this court has no power to accede to that request."

The 126-year-old pine was attacked in September and Auckland City Council staff said its life expectancy had been cut to three years.

Supporters said they would continue their challenge under Te Ture Whenua Maori (Maori Land) Act.

The trio deny all their charges, which include wilful damage, aggravated assault and assault with a weapon.

Their trial is set for July, while a 15-year-old co-accused is due before the Youth Court next month.