The early termination of the trial of a Palmerston North couple, who led police on high speed chase through rural Otago in February, could be referred to the Court of Appeal.
Justice John Fogarty halted the trial in the High Court at Timaru today following a change of plea and the dismissal of some firearms charges.
Crown prosecutor Tim Gresson, however, indicated he would consider an appeal which could lead to a new trial.At the start of the trial on Monday, Chris Shaw, 26, admitted five charges of using a firearm against police but denied a charge of firing the weapon at Constable Darrin Low, of Oamaru. Shaw also admitted three charges mistreating children.
Stacey Snelleksz, 21, denied being a party to all six firearms charges and also denied three charges of mistreating children.After a meeting lasting several hours between lawyers and Justice Fogarty in chambers at the start of proceedings today, the firearm charges against Snelleksz were dismissed.
Justice Fogarty said he agreed with Snelleksz's counsel John Westgate that there was insufficient evidence to show she had been a party to the firearms offences.Justice Fogarty said the couple had formed a common purpose to commit a long list of dishonesty offences in their efforts to "go bush" and avoid Snelleksz's children from being taken from her by CYF.
That common purpose ended when they crashed a stolen Land Rover near Palmerston and there was no evidence to show she had encouraged or assisted Shaw in the use of the firearm at a road block or at any time after the crash, he said.There was insufficient evidence for a properly directed jury to bring a conviction, and dismissed the charges.
Snelleksz then changed her plea to one of guilty to two charges of mistreating children.Shaw's counsel, Bernadette Farnan, said he had already admitted pointing and firing the rifle at Constable Stefan Witehira and, as only one shot had been fired, he could not be charged with a second offence arising from the same action.
Justice Fogarty agreed and allowed an amended charge of pointing the rifle at Mr Low after the crash, which Shaw admitted, and the trial was effectively ended.Shaw and Snelleksz were remanded to December 16 for sentence on the charges they have admitted.
