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Standing in a courtroom gallery in jean shorts and a T-shirt, controversial Auckland bar owner Shayne La Rosa attempted to shout a prepared statement this morning at an Auckland District Court judge who was about to oversee his criminal trial.
Instead, Judge Debra Bell temporarily adjourned the hearing and walked off, stating calmly that she wouldn’t be disrespected.
Later La Rosa, who was representing himself, stormed out and declared the charge against him “dismissed” because his “vessel is broken” and needed “repair”.
Prosecutors and the judge disagreed and the trial continued without him.
The trial stems from an incident in February last year when about 20 police raided La Rosa’s Shooters Saloon Bar in Kingsland as he held an event for about 50 people that had been advertised on Facebook as an “official end of an error party” to celebrate the resignation of Prime Minister Jacinda Ardern. Admission, the ads noted, was $10 and guests were to “BYO alcohol”.
The problem, as police and licensing officials testified today, was that Shooters Saloon hadn’t been allowed to host events involving alcohol for more than six months, regardless of whether it was “bring your own”.
Almost 500 cans and bottles of alcohol were seized, mostly from behind the bar at the property, where La Rosa also lives.
Shayne La Rosa outside his Shooters Saloon Bar in Kingsland. Photo / Brett Phibbs
La Rosa, 58, could face a fine of up to $20,000 if found guilty of violating the Sale of Liquor Act by allowing his business “to be used as a place of resort for the consumption of liquor”. The offence is not punishable by imprisonment.
Although he did not offer a defence at trial, he stated just before leaving the courtroom that the event had been “my own private party”, which he said was interrupted when “costumed thugs forced their way onto my property”.
He took the same stance on the night of the raid, testified Constable Andrew Tangney, who helped execute the search warrant.
“I would say 90 per cent of the people here are my friends,” he recalled La Rosa saying. “I do not know some of their partners ...
“It’s not open to the public. It’s a private event for my friends.”
He refused to answer when asked if he had collected an entrance fee, Tangney testified.
Another officer testified that, when he arrived, he saw a woman behind the bar who “presented like she was the bar woman”. However, he acknowledged he hadn’t seen her serving drinks before everyone was told to move to the front of the property.
Authorities described the crowd as hostile, yelling at the officers and filming them as they carried out the warrant, but they were not physically aggressive.
The bar’s liquor licence first expired in February 2020, according to Auckland Council licensing inspector Tim Court, who testified that he had a conversation with La Rosa about it in October 2021. After further discussion, the inspection office agreed to treat the matter as if the licence had not yet expired and he was applying for a renewal – a less costly route that would allow the bar to serve liquor in the meantime.
Police raided Shooters Saloon Bar in February last year in connection with the alleged illegal supply of alcohol. Photo / Dean Purcell
However, in July 2022, the Auckland District Licensing Committee rejected the more light-handed approach and issued a decision stating that “the premises are no longer licensed and must cease selling alcohol immediately”. The decision was issued just days before the bar was set to host an event for Freedoms NZ, a political party led by anti-lockdown protester and church leader Brian Tamaki.
By the time of the anti-Ardern event seven months later, it would have been clear to La Rosa what the restrictions were, police prosecutor Sam Papp suggested while questioning the seven witnesses.
La Rosa appears to be an adherent of the Sovereign Citizen movement, a fringe ideology that emerged in the United States in the 1970s in which supporters claim the state has no authority over them.
Today’s hearing started with La Rosa demanding the names of all present at the hearing, then insisting his case be heard when it was noted by the judge that his hearing date may be reset.
“I’ve taken time off to come here and so have my supporters, and we expect to be heard today,” he said before repeatedly asking the judge to address him as “Shayne” instead of by his surname.
“I’m in charge of this courtroom,” Judge Bell said after repeated interruptions. “This is how I call every defendant who is in front of me.”
“If you’re going to call me Shayne La Rosa, I’m going to read this statement,” the defendant said of a written statement he had already been instructed not to read.
“I don’t take threats,” the judge responded, calling a recess as La Rosa yelled back, “Judge, don’t leave this room!” and his supporters clapped.
The hearing resumed 10 minutes later, with the judge explaining the process for what was at that point to be a two-day trial and adding: “You need to abide by the rules and we will get along.”
La Rosa then reiterated that the court had no jurisdiction over him.
“I haven’t been charged – a dead legal fiction has,” he told the judge. “We will not be proceeding unless you prove jurisdiction.”
The judge attempted to explain the legal process, including telling him she would hear any legal issues he wanted to raise, but only after witnesses were called.
Auckland District Licensing Committee removed Shooters' liquor licence in July 2022. Photo / Dean Purcell
“I’m entering the dock,” La Rosa responded, taking one step from the gallery to where the lawyers sat at benches. “My vessel is damaged. I need repair. The case is dismissed. Good day.”
Most of La Rosa’s supporters followed him out of the courtroom. At the judge’s direction, police explained to him outside that the trial would continue with or without him. He did not return.
Judge Bell reserved her decision. A brief hearing has been scheduled for April for her to announce her judgment.
La Rosa’s colourful past was not a topic of discussion during today’s hearing. He participated in the occupation of Parliament and ran unsuccessfully for the Albert-Eden local board in 2022, suggesting in an election interview with Stuff that the Covid-19 vaccine caused women to be infertile.
Just weeks before the police raid, he courted controversy after writing in large chalk letters, “Ding dong the red witch bitch has gone” on the outside wall of his business. He acknowledged in an interview with Newshub that he was referring to Ardern’s resignation.
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
