KEY POINTS:
A man who convicted for offensive behaviour and contempt of court for exposing his buttocks has had his application to the Court of Appeal for special leave to appeal declined.
Graeme White was charged with offensive behaviour after being seen cycling on several occasions wearing only a bicycle helmet and a vest made of sackcloth. He had nothing on his bottom half, so that the lower half of his body was exposed.
On one occasion he was seen naked, except for a small leather bag in the nature of a sporran around his waist.
In his defence, White said he dressed in this way to express solidarity with unborn children and concern about the sex industry. He was convicted.
While appearing for sentencing, witnesses complained of seeing White's buttocks. He was sentenced to 14 days imprisonment for contempt of court.
White appealed to the High Court against the convictions for offensive behaviour and the contempt finding. Justice John Hansen dismissed the appeals.
White then sought leave from the High Court to appeal to the Court of Appeal. Justice Hansen dismissed that application too.
He then sought special leave under s114(3) of the Summary Proceedings Act to appeal to the Court of Appeal.
White claimed that he had not offended wilfully, and had attended court dressed as he had been on earlier occasions.
He said the judge did not see his buttocks or genitals himself but relied on hearsay evidence.
White said he intended no insult towards the court and that he had indicated to the court that he would modify his dress for future court appearances.
The Court of Appeal said none of that raised a question of law of the type for which special leave would be granted under the Act. Rather, it raised the type of issue that could be dealt with on a general appeal, the court said.
Leave to appeal was declined.
- NZPA
