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A Tauranga man who police allege snatched his two daughters from Child Youth and Family care in July has challenged the court's authority to charge him, claiming Maori sovereignty rights.
Jahaml Ake, also known as Jahaml Schou, 33, of Gate Pa is jointly charged with two counts of abduction and appeared in Tauranga District Court before Judge Louis Bidois.
Ake, who was arrested at a relative's house on September 4, is jointly charged with the girls' grandmother and Ake's mother, Mary Ake, and Nadia Himona of Papamoa, who is in a relationship with Ake's half-brother.
Police allege the girls aged five and six stayed with Ms Himona for five days between July 11 and 26 and were found at Mrs Ake's home two weeks after being allegedly taken from a CYF caregiver.
Ms Himona and Mrs Ake plan to defend the charges and will appear in court on September 27 for a joint depositions hearing.
Ake told Judge Bidois he did not want to apply for legal aid or want a lawyer to represent him because he did not recognise the court's jurisdiction.
Ake's uncle told Judge Bidois that an affidavit claiming that Ake had "natural person" rights under Maori sovereignty had been sent to the Ministry of Justice. It was yet to be rebutted by the ministry and the charges against his nephew should be dismissed or discharged.
Judge Bidois said if there was to be a legal challenge to the court's jurisdiction, Ake should seek legal advice and present full, legally-based arguments at a depositions hearing.
The judge said despite Ake not yet pleading to the charges, a psychiatric assessment confirmed he was fit to do so, but the report writer stated he had "grandiose ideas" about his status as a "subject of Maori sovereignty".
Another member of Ake's group told Judge Bidois a family court hearing was due to take place next week which had a bearing on the case and argued Ake should be bailed to attend the hearing.
Judge Bidois refused Ake bail and remanded him in custody to appear in court again on September 27 to deal with a raft of other related charges including allegations that he breached a protection order and used threatening/intimidating behaviour. He has yet to plead to these.
- Bay of Plenty Times
