I won't stand in dock, says accused | Wairarapa News | Local News in Wairarapa

A Northland Maori tribal member with family ties in Wairarapa has again stalled court proceedings by invoking the 1835 Declaration of Independence to beat charges laid in Masterton.

Tui Te Erimana Poutu, 46, a knifehand, from Towai in the Far North, appeared at Masterton District Court yesterday on one count each of driving while forbidden, obstructing police and cannabis possession.

Judge Jan Kelly used the Maori greeting "tena koutou" to welcome Poutu to court and then asked him to stand in the dock - a request he refused.

The two then became embroiled in a vigorous debate over Maori sovereignty as it pertained to his presence in the "Crown's whare".

"This sovereignty argument has been before the courts many times before and they have not succeeded," Judge Kelly said, only to have the statement rejected by Poutu.

Poutu was vocally supported by his whanau in the public gallery, who occasionally interjected on matters of Maori sovereignty and the Treaty of Waitangi.

"When I go to a marae I follow the protocols of the powhiri and I go on the marae with respect," Judge Kelly said.

"I go to the back with the other women and I respect the customs of the marae. You're in my house now, it's a matter of courtesy - I ask you to go into the dock."

When Poutu refused again Judge Kelly threatened to finish the hearing and issue a warrant for his arrest, a tactic he said was tantamount to duress.

"These laws were given to us by our mothers and fathers," he said, referring to the 1835 Declaration of Independence of New Zealand (He Wakaputanga o te Rangatiratanga), which recognises the sovereignty of the Independent Tribes of New Zealand.

Poutu said he would not disrespect his ancestors by going into the dock.

"I cannot sit round bad-mouthing my tipuna," he said.

Judge Kelly told Poutu he would not be giving up any jurisdiction by standing in the dock.

Police prosecutor Garry Wilson then stood up at Judge Kelly's request, lamenting the lack of respect being shown the court.

I won't stand in dock, says accused Maori

"I don't know why this guy's standing," Poutu said to the judge.

"This is a partnership between me and you [the Crown] under the Tiriti."

Failing to get Poutu into the dock, Judge Kelly ordered a defended hearing in October. As the court registrar and police tried to find an open date for the hearing, Poutu consulted with his supporters and requested a date in the school holidays so he could "come down and play you fullas' games".

The charges related to an incident on July 27 when he was stopped by police while allegedly driving unlicensed, as he went to drop his nephew off at Te Kura Kaupapa Maori O Wairarapa.

In his previous court appearance, Poutu deferred to the 1835 declaration as each charge was read, which Judge Bruce Davidson entered as formal pleas of not guilty.

He said he was exercising his sovereign right to refuse the charges and to be tried by his tribal peers in Kaikohe.