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Waihopai trio appeal damages decision


In August this year Associate Judge Gendall granted the Crown the right to seek damages from the trio.

Colin Williscroft
Mon, 10 Oct 2011

Three peace activists have appealed a Crown attempt to sue them for damages.

In the High Court in Wellington today, an application by the Crown for damages caused by Dominican friar Peter Murnane, teacher Adrian Leason and farmer Sam Land when they broke into the Waihopai spy base in 2008, was adjourned after a lawyer for the trio told Associate Judge David Gendall they had appealed his earlier decision that allowed the Crown to make the application.

The appeal was unlikely to be heard before March 2012, the associate judge was told, so it made sense for the Crown's claim to be heard after that.

The Attorney General, on behalf of the Government Communications Bureau, had sought $1,229,289 from the men, who were aquitted in April 2010 of criminal charges over the break-in, which resulted in damage to an antenna cover and electric fences.

In August this year Associate Judge Gendall granted the Crown the right to seek damages from the trio.

In adjourning the Crown's damages case until after the appeal had been heard, the Associate Judge noted that according to the grounds for appeal, in making his earlier decision he had "got just about everything wrong".

Colin Williscroft
Mon, 10 Oct 2011
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Waihopai trio appeal damages decision
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