Army medal thief's appeal rejected

File photo / NZPA

A man's claim that he was unlawfully jailed for stealing medals from the Waiouru Army Museum has been rejected by the Court of Appeal.

Ronald van Wakeren was sentenced to 13 years and three months' jail, reduced by a year on appeal, for his part in the theft of 96 medals from the museum in 2007. The medals stolen included the Victoria Cross won by Charles Upham.

Van Wakeren went to the Court of Appeal to overturn a High Court judge's refusal to grant a writ of habeas corpus - the constitutional safeguard against unlawful detention.

The Court of Appeal dismissed his appeal, saying the Supreme Court had already rejected his bid to hear an appeal against his sentence.

"Second, it is not a proper basis on which to seek a habeas corpus, since it would not result in Mr van Wakeren's release," it said.

"The short point to be made here is that a writ of habeas corpus is not to be used as a means of further challenging a sentence."

James Kapa was jailed for 14 years, six months for his part in the theft, reduced on appeal to 13 years, three months.

Kapa and van Wakeren were paid a $200,000 reward for the safe return of the military treasures; van Wakeren has returned his $100,000 but Kapa has not.