You’ll never believe why child molesting murderer Phillip John Smith wants to appeal


via Radiolive

via Radiolive

Murderer and child molester Phillip John Smith may appeal after being found guilty of fleeing the county, his lawyer has indicated.

Smith, 41, was found guilty of false representation and escaping lawful custody in a trial at Auckland District Court on Friday.

Smith was on a 72-hour release from Spring Hill Prison when he fled New Zealand on November 6 2014 using a passport issued under his birth name Phillip Traynor.

He was arrested in Rio de Janeiro within a week and deported to New Zealand on November 29, 2014.

Smith had pleaded not guilty but asked the jury to convict him. His plea gives him the right to appeal, says lawyer Dr Tony Ellis.

If Smith does appeal, it will be on account of what he says was an unlawful deportation from Brazil. More specifically because of the judge who ruled he had to leave, who has since been dismissed from office.

“Mr Smith is bringing legal action in relation to how he was removed from Brazil, because newspaper reports and the decision of an administrative court arose over the judge who deported him,” says Mr Ellis.

“It was found that judge was suffering from dementia, didn’t know right from wrong, was an alcoholic and was driving around in a Porsche that had been confiscated from a criminal who had appeared before him and also had his Rolex on.”

Mr Ellis says the judge was forced to retire because of his mental health problems and as far as he can tell from documents written in Portuguese, the Brazilian Bar Association is now trying to get that judge’s cases from the last five years or more annulled.

“If this happens it means Mr Smith will have been deported from Brazil unlawfully and this gives him the possibility of challenging whether these charges were properly before the court.”

If this Brazilian court matter goes in Smith’s favour, an appeal here in New Zealand could be an option for him.

I don’t understand.

I don’t understand how a New Zealand court can grant leave to appeal a conviction regarding him fleeing the country, which must have happened, because his appeal is based on the judge from Brazil being a few eggs short of a dozen.

What possible relevance is the fact that his deportation was perhaps illegal?  Surely the sequence of events makes that irrelevant, as her first had to skip the country to find himself in that situation.

What a colossal waste of court time, resources and taxpayer money.

On what basis does a New Zealand court accept this is a reasonable appeal to be heard?

Apparently, if you plead guilty, you can appeal no matter how ridiculous the appeal is.  A safety valve in the event your guilty plea was arrived at in a way that requires subsequent review.

It appears that our laws now ask of us to go through the farce of an appeal based on nothing more than that he’s allowed to.


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