Farah v R [2020] NZCA 118 (24 April 2020)

Last Updated: 1 May 2020

IN THE COURT OF APPEAL OF NEW ZEALAND I TE KŌTI PĪRA O AOTEAROA

CA12/2019 [2020] NZCA 118

	BETWEEN	SADIQ MOHAMED FARAH Appellant
	AND	THE QUEEN Respondent

Court:	Kós P, Brown and Clifford JJ
Counsel:	Appellant in Person S T L Teppett for Respondent
Judgment: (On the papers)	24 April 2020 at 3.30 pm

JUDGMENT OF THE COURT

The appeal is dismissed.
____________________________________________________________________

REASONS OF THE COURT

(Given by Clifford J)

[1] Mr Farah was convicted of indecent assault following a jury trial in the District Court at Auckland in August 2018. He filed an appeal against conviction on 22 January 2019.
[2] The appeal has since been beset by numerous delays. Timetabling directions given by Miller J on 6 March 2019 were not complied with. On 23 May 2019, Mr Duff — then Mr Farah’s counsel — was granted leave to withdraw after he advised the Court that he could not contact Mr Farah. On 6 August 2019, the matter was called before a Divisional Court but the hearing was adjourned when Mr Farah did not appear.
[3] Following that hearing, by minute of 8 August 2019, Mr Farah was directed to file submissions no later than 22 August 2019 and warned his appeal would otherwise be dismissed under s 338 of the Criminal Procedure Act 2011.
[4] On 21 August 2019, Mr Farah filed an affidavit suggesting that correspondence had been sent to the wrong address and requesting more time to secure new representation. Mr Farah was consequently granted more time and directed to apply for a grant of legal aid and to advise the Court when he had done so.
[5] In the following months, Mr Farah was telephoned by Registry several times and reminded of the need to apply for legal aid. An application form was posted to him for that purpose. However, no application was filed and Mr Farah is, once more, unable to be contacted.
[6] On 2 March 2020, Mr Farah was warned by minute that his appeal would be dismissed under s 338 if he did not apply for legal aid (or advise that he intended to represent himself). He was given until 16 March 2020 to make the necessary application.
[7] There has been neither an application by Mr Farah nor any contact from him.
[8] We note, for the avoidance of doubt, that this final deadline was missed by Mr Farah before the country entered restrictive COVID-19 alert levels (and in fact preceded the announcement of the alert level system on 21 March 2020). Practical difficulties subsequently caused by these measures therefore do not provide an explanation for his failure to prosecute the appeal.

Result

[9] The appeal is dismissed.

Solicitors:
Crown Solicitor, Auckland for Respondent