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A 19-year-old shot and seriously wounded by police at Waihi in January has reportedly been using illicit drugs while detained in Otara spinal unit in South Auckland.
Judge Arthur Tompkins was told at a pre-depositions hearing in Tauranga District Court today that James Samuels, 19, was to be discharged from the unit to a bail address.
Crown prosecutor Simon Bridges handed the judge a letter from medical authorities.
"If he (Samuels) isn't in breach of his bail now, he is about to be," Mr Bridge commented.
Judge Tompkins said, according to the letter, the teenager was "about to be asked to leave (the spinal unit) in any event", because of his alleged unlawful drug use.
Samuels has yet to appear in court to answer 10 charges, including attempted murder, burglary, unlawfully taking a motor vehicle and seven counts of using a firearm against police.
His girlfriend Yana Poata, 18, jointly faces all but the attempted murder charge.
Judge Tompkins remanded both for a week before a date is set for depositions.
While Samuels is on bail with a 24-hour curfew.
Tony Balme represents Poata and Roger Laybourn will act for Samuels.
In the Tauranga court on March 11, Mr Balme spoke for both defendants, telling a judge then that Samuels could be confined to the Otara spinal unit for 12 months.
He had been flown to Waikato Hospital in a serious condition on January 21 after being hit in the abdomen by a single shot, following a dramatic police chase through the Bay of Plenty.
On February 1, the injured defendant was charged at a special bedside court session.
He is believed to be improving but wheelchair bound.
It is understood police have not at this stage charged Samuels with breaching his bail conditions.
- NZPA
