R v Greer [2014] NZHC 2366 (26 September 2014)

Last Updated: 11 December 2014

IN THE HIGH COURT OF NEW ZEALAND MASTERTON REGISTRY

CRI-2012-035-991 [2014] NZHC 2366

THE QUEEN

v

_{ALLAN IVO GREER}

Hearing:	26 September 2014 (Heard at Wellington)
Counsel:	I R Murray for Crown Defendant in person
Judgment:	26 September 2014

_{ORAL JUDGMENT OF MACKENZIE J}

[1] Before I begin the sentencing, I need to address several matters that Mr Greer has raised. He has recently filed a 181 page document in which he has made a number of applications. They have not been made in proper form, but I deal with them to the extent necessary.

[2] The first is an application that I recuse myself from dealing further with this case. Mr Greer asserts that I am disqualified by having demonstrated bias against him, first in a bail appeal which I heard on an unrelated matter in 2010, which he asserts has led me to conduct his trial in a manner adverse to him.

[3] As the trial Judge, I should sentence Mr Greer unless there are good grounds to recuse myself. I am satisfied that none of the many matters raised by him justify recusal. The way I conducted the trial can potentially be raised on an appeal against

_{conviction. I advised Mr Greer of that in a minute on 16 May 2014, and nothing in}

R v GREER [2014] NZHC 2366 [26 September 2014]

his further papers filed causes me to alter my view that no grounds for recusal are made out.

[4] The application for recusal is accordingly dismissed.

[5] Mr Greer has also made a renewed application for bail. Bail is out of the question. That application is dismissed.

[6] Mr Greer has also renewed an application for discharge. Because the trial proceeded to jury verdicts, I have no power to discharge, or to declare a mistrial as Mr Greer requests. As I have said, any issues as to the conduct of the trial are a matter for appeal, not for this Court.

[7] Mr Greer has also made requests for documents from the Court file. I addressed that request in my minute of 10 July 2014. I am not prepared to make any further order at this stage.

[8] Mr Greer has also made application for an adjournment. This sentencing has already been delayed. There is no basis for any further delay. That application is refused.

[9] I will now proceed with the sentencing.

“A D MacKenzie J”