KEY POINTS:
Neither a teenager accused of attempted murder and shooting at police nor his lawyer turned up as instructed in Tauranga District Court today.
Judge Paul Geoghegan was told James 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, Tony Balme.
A week ago Judge Arthur Tompkins called for Samuels and his lawyer Roger Laybourn from Hamilton to front up so a date could be set for a depositions hearing.
Representing the Crown, Catherine Harold said this afternoon she had attempted without success to contact Mr Laybourn. An application to vary Samuels' bail conditions was received today.
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.
Judge Geoghegan: "I am assuming there is something seriously wrong with Mr Samuels that he is not here."
Ms Harold: "He is a paraplegic, your honour."
The judge: "But where is Mr Laybourn? It is unsatisfactory when another judge has asked him to be here and he isn't."
Mr Balme wanted hand-up depositions for both defendants to be held on June 12 but suggested a delay in finalising the date until Samuels' counsel was present.
Judge Geoghegan said he would not issue a warrant against Samuels because of his circumstances.
"But I regard the non-appearance of Mr Labourn as a discourtesy to the court. We cannot programme the depositions date without him."
He said he would "require" the attendance of both the defendant and his lawyer at another pre-depositions hearing on May 20.
Poata's presence would be excused on that date.
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
