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A lawyer criticised by a judge for discourtesy for failing to attend the Tauranga District Court on Friday claims neither he nor his client were told of the hearing.
Hamilton lawyer Roger Laybourn who represents James Samuels, a teenager accused of attempted murder and shooting at police, said today an injustice had been done to him and his client, as the lawyer acting on that day on their behalf, Tony Balme, had not informed them of the court date.
Mr Laybourn said he had compiled all the information on the situation and had sent full details to the court.
In court on Friday Judge Paul Geoghegan was told Samuels, 19, was a paraplegic and still in the Otara spinal unit in Auckland where he has been since January after allegedly being shot in the abdomen by a police officer at Waihi.
His co-accused, girlfriend Yana Poata, who remains in custody, appeared again with her counsel, Mr Balme.
A week ago Judge Arthur Tompkins called for Samuels and Mr Laybourn to front up so a date could be set for a depositions hearing.
Representing the Crown, Catherine Harold said she had attempted without success to contact Mr Laybourn. An application to vary Samuels' bail conditions was received on Friday.
Last week, the wheelchair-bound youth was expected to be discharged from the spinal unit because he was allegedly using illegal drugs.
But Ms Harold said he was now due to remain until later this month. His bail conditions meant he had to stay there under 24 hour curfew.
The judge: "But where is Mr Laybourn? It is unsatisfactory when another judge has asked him to be here and he isn't."
The judge said he regarded the non-appearance of Mr Laybourn as a discourtesy to the court.
He said he would "require" the attendance of both the defendant and his lawyer at another pre-depositions hearing on May 20.
Mr Laybourn said he had attempted unsuccessfully to contact Mr Balme to ask why he had not informed him of the hearing date and why he had not responded to the judge's criticism.
Because of his injury at Waihi on January 21, Samuels has yet to appear in court to answer 10 charges - attempted murder, burglary, unlawfully taking a motor vehicle and seven counts of using a firearm against police.
He was charged at a special bedside court session on February 1.
Poata, 18, who has made several appearances in the dock since then, jointly faces all but the attempted murder charge.
She is in custody serving a prison sentence for unrelated matters.
The pair were allegedly involved in a dramatic police chase through the Bay of Plenty, ending with Samuels' injury at Waihi.
- NZPA
