Maori dogfighting accused claim exemption from law

By TONY GEE

A court was thrown into disarray yesterday when two people being sentenced for breeding dogs to fight claimed the judge had no jurisdiction because they were Maori.

The Northland couple, who have name suppression, said they were appealing to the Ongaro Incorporation of Aotearoa, a Maori organisation they said held control over municipal law.

Judge Thomas Everitt was forced to defer the sentencing in the Kaikohe District Court for another month.

Two other men, including one the couple had brought along as their "native assessor", were held for contempt of court after shouting at the judge. They later apologised and were freed.

The two defendants had earlier been found guilty of three charges under the Animal Welfare Act brought by the Bay of Islands SPCA. The charges involved keeping and using a place to cause dogs to fight, and breeding, owning and training dogs for dog-fighting.

The charges relate to eight pit bull-type dogs and a cattle-cross dog which the prosecution claimed were made to fight to near-death before onlookers in a clay pit basement of a house occupied by the defendants.

The couple appeared yesterday for sentencing without any legal representation. The charges carry a maximum jail term of six months.

They had filed an appeal but Judge Everitt told them it was invalid because they had yet to be formally convicted and sentenced.

The judge also said neither defendant had filed a statement of means, sought when they were found guilty, and said they had not co-operated with a probation officer.

The woman told Judge Everitt they were "financially broke to the point of ruin".

She said they had filed an affidavit to the effect that the court had no jurisdiction over their case because they were Maori people and tangata whenua.

They were taking an appeal to the Ongaro Incorporation of Aotearoa, which she said held jurisdiction over municipal law. They had brought to court their Maori "native assessor" who, she said, held the power of municipal law.

The woman then accused SPCA inspector Jim Boyd, who brought the charges, of breaching the Animal Welfare Act because he had not been an inspector at the time of the investigation.

She claimed he had put their dogs through "defensive attack training" and had put them in "dog-fighting situations for behavioural assessment".

The judge told the defendants they had "again misapprehended for some reason the purpose of the hearing".

The woman began to argue and told Judge Everitt: "This Government has no power over the Ongaro Incorporation and neither do you."

He remanded the pair and ordered them to file a statement of means, make an application about costs and co-operate with the probation officer.

The couple's "native assessor," was ordered by the judge to be held in contempt of court after he shouted comments from the body of the court. Another man was also held for contempt after he commented loudly at the judge.

The two later appeared in Court and were told by the Judge their comments were inappropriate and "likely to make the situation worse". Both apologised, one saying he had spoken out of turn.

Judge Everitt said he did not intend to take the matter further and told them they were free to go.