Appeal Court dismisses bid to overturn Nia conviction

An appeal against conviction by one of two brothers jailed for the murder of Rotorua toddler Nia Glassie has been dismissed.

Wiremu Curtis was sentenced in the High Court at Rotorua in February to life imprisonment, with a minimum non-parole period of 17 years, for the 3-year-old's August 2007 murder.

Curtis' lawyer, Craig Horsley, last month argued that insufficient emphasis had been placed on his client's limited mental capacity and questioned whether he had "conscious appreciation" that his actions could lead to death.

During the original trial the jury was told Curtis had a mental age of up to five years below his peers. He was 19 when sentenced.

Mr Horsley argued that the trial judge's summing up failed to remind the jury of Curtis' state of mind, which set him apart from others.

The Appeal Court said it was satisfied there was no error in the way the judge approached the circumstances of the case.

His former partner, Nia's mother Lisa Kuka, has also appealed against her manslaughter conviction, saying the jury should have been offered the option of convicting her of neglect. She is serving a nine-year jail sentence.

- NZPA