Tabor appeals for Wehner

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A notice of appeal has been filed against a magistrate’s recent ruling that George Wehner, an aspiring politician, was guilty of battery in relation to a confrontation with a policeman.
The legal step was taken yesterday morning in the High Court by attorneys Charlesworth Tabor and Leon Chaku Symister, who both described the decision as “perverse” last week.
Tabor later withdrew the comment and apologised, saying that on reflection it was an attack on the integrity of the court/judiciary and he did not mean to do so.
But, in the appeal notice filed Monday, he again referred to the ruling as a “perverse” one and asked the High Court to give him permission to challenge it, stating that he continues to disagree with the outcome against Wehner.
The following are the grounds of appeal: that the Court erred in its decision on a point of law; that no consideration was given to the submission of the defence that the virtual complainant became a trespasser and reasonable force could be used to eject him from the property; and that the conviction of George Wehner is erroneous and wrong in law.
The Order to be sought in the appeal is for the High Court to overturn the decision of Magistrate Ngaio Emanuel of the All Saints Magistrate’s Court who found Wehner guilty of battery on May 22.
While he was found culpable, and reprimanded and discharged, his co-accused, Swanston Lewis, was found not guilty of the same offence – battery, contrary to Section 13 (1) of the Small Charges Act.
(More in today’s Daily Observer)

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