A reckless and drink driving case which has dragged on for two years, has been set down for a defended hearing.
Tei John Harawira has been called multiple times to court
following an incident on February 13 2022.
In the Criminal Court on Thursday, his lawyer Norman George
confirmed the matter had been set down to be heard on February 24.
“We are ready to proceed.”
Justice of the Peace John Whitta then told George February
24 was in fact a Saturday.
Monday, February 19 was an available date, with JP Whitta
setting the matter down for a defended hearing on that day.
In February 2023, George filed an application for the matter
to go before a High Court Judge and asked for it to be adjourned.
Harawira appeared before Justice of the Peace John Whitta on
December 21, 2022 when George argued the evidence had so far failed to
establish an offence.
According to police at around 12.13am on February 13, 2022,
Harawira crashed a pickup truck into a parked car on the main road by The
Harawira’s blood alcohol limit was allegedly more than four
times over the legal limit.
At the time JP Whitta said there was no dispute that the
defendant was involved in a crash, but defence argued Harawira had not driven
recklessly and the procedure taken to process his blood sample was
George told JP Whitta because the medical practitioners
could not remember taking the blood sample, it could not be accounted for and
said there was no case to answer.
JP Whitta said he could not see how the fact “the
practitioners could not remember who took the blood sample” did endanger the
credibility of the sample itself.
George lodged an appeal of the decision on the grounds that
it failed to take into account certain procedural matters, in particular the
alleged assault on the defendant.
JP Whitta told George that the alleged assault was not part
of the case, and was not even in the summary of facts.