Kelvin McKenney's attempt at defending himself in Latin has failed to impress a judge. Photo / Supplied
Kelvin McKenney's attempt at defending himself in Latin has failed to impress a judge. Photo / Supplied
A man who mumbled his defence in Latin, after his supporter was sent to the cells for refusing to sit in court, was no match for a judge's waning patience.
The clarity of status Kelvin McKenney sought over charges against him was evident in the not-guilty plea entered on his behalf.
Australian-born McKenney, also known as the artist NgAng after the name was given to him by an Aboriginal elder, appeared in the Nelson District Court today on two charges of being an unlicensed person selling alcohol, being unlicensed and displaying alcohol, driving in a dangerous manner and failing to answer bail.
Details about when the offending happened were not read out in court as the judge entered a plea on McKenney's behalf before the police prosecutor could read the summary.
The matter had been stood down earlier as McKenney's supporter was sent to the cells for refusing to sit down while in the back of the courtroom.
The man, who it was later revealed was named Seb, was asked by Judge Tony Zohrab if he was a qualified lawyer when he accompanied McKenney into court.
Judge Zohrab told him he could act as a support person but was unable to speak to the court.
Judge Tony Zohrab. Photo / Nelson Weekly
When Seb refused to sit down, he was warned he would be asked to leave. When the volume of the debate increased Judge Zohrab said if Seb didn't sit down he would be cited for disruptive behaviour and put in the cells.
Seb was then taken to the cells and the matter stood down.
It was recalled a while later, when duty lawyer Ben Hoffman told the court that Seb now had a better understanding of how contempt of court worked, and that he had been "concerned whether having to sit as requested meant he was entering into a contract with Your Honour".
Judge Zohrab said his concern was around the fact he was not doing as asked, such as sitting down which was what was required of everyone.
The judge received an apology after what he described as their "fireside chat" before recalling McKenney to the stand.
The Golden Bay artist who also ran a café approached the stand carrying what appeared to be a stack of books.
When asked by the judge what he wanted to do about his charges, he answered he was appearing under duress and wanted clarity on his status.
When it appeared he would depart from the normal course and began reading from a script, Judge Zohrab told him to stop, and tried to explain that Acts of Parliament were binding on all and that the Courts of New Zealand had to uphold all Acts, including the Crimes Act.
"You have no special status. You are a living, breathing human being and the laws apply to you. There is no basis for you to disassociate yourself from that of a legal person," Judge Zohrab said.
"You are subject to the same laws as everyone else."
When McKenney was asked if he planned to plead guilty or not guilty, he responded in barely audible Latin, still reading from his notes.
Judge Zohrab said the last thing he wanted to do was remand him in custody.
"All this 'non-est factum' stuff has nothing to do with it," he said before entering not guilty pleas on McKenney's behalf and remanding him on bail to reappear for hearings on July 25.
"I urge you to get some legal advice. I have read the documents you filed and they are nonsense – they make no sense at all," Judge Zohrab told McKenney as he adjourned for a break, and walked out.
