1626 NEW ZEALAND GAZETTE No. 45

proceeding generally south-westerly, then north-westerly,
along the southern most boundary of the said watershed,
through part Rotomahana Parekarangi 6R2, part Paeroa
East 1A West, and parts Section 8, Block III, Paeroa
Survey District, to the Trig Maungakakaramea No. 2, being
a point on the aforementioned southern watershed
boundary; thence generally north-westerly and northerly
along the aforementioned watershed, through part
Section 8, Block III, Paeroa Survey District, and
Section 59, Block III, Paeroa Survey District, to the middle
of State Highway 38; thence along the said State
Highway 38, generally easterly, to the point of
commencement.

Justice

Crimes Act 1961

Reference to the Court of Appeal of the Question of the Conviction of Ross Gary Appelgren for the Murder of D’Arcy Clement Te Hira

CATHERINE A. TIZARD, Governor-General

ORDER IN COUNCIL

At Wellington this 9th day of May 1994

Present:
Her Excellency THE GOVERNOR-GENERAL IN COUNCIL.

WHEREAS on the 25th day of July 1985, Ross Gary
Appelgren was convicted in the High Court at Auckland on
a charge of murdering D’Arcy Clement Te Hira and was
sentenced to imprisonment for life:

And whereas, on the 2nd day of July 1990, the Governor-General in Council, on the consideration of an application,
dated the 16th day of October 1989, made by Ross Gary
Appelgren for the exercise of the mercy of the Crown in
respect of the conviction, made an Order in Council,
pursuant to section 406 (a) of the Crimes Act 1961,
referring to the Court of Appeal for hearing and
determination the question of the conviction of Ross Gary
Appelgren for the murder of D’Arcy Clement Te Hira:

And whereas, on the 8th day of November 1990, the Court
of Appeal quashed that conviction and made an order for a
new trial:

And whereas, on the 28th day of May 1992, after a new
trial, Ross Gary Appelgren was again convicted in the High
Court at Auckland on a charge of murdering D’Arcy
Clement Te Hira and was sentenced to imprisonment for
life:

And whereas an application, dated the 29th day of October
1993, has been made by Ross Gary Appelgren for the
exercise of the mercy of the Crown in respect of that
conviction upon the grounds (among others):

(a) That in 1993 two prison officers, Mark Anthony and
Dominic Edward Malcolm, made affidavits and also
gave statements to the Police which record the prison
officers’ recollection of a conversation at
Paremoremo prison with an inmate of that prison,
Rimaati Kaipo, which conversation apparently took
place in November 1990; and

(b) That both the prison officers state that during the
conversation Rimaati Kaipo (formerly an inmate at
Mt Eden prison) told them that he had arranged for
another inmate at Mt Eden Prison to carry out the
assault that caused the death of D’Arcy Clement Te
Hira, and that Ross Gary Appelgren was not
responsible for or involved in that attack; and

(c) That both prison officers further state that they
reported the conversation to the Police shortly after it
took place; and

(d) That in 1993 Rimaati Kaipo also made an affidavit in
which he acknowledges that he had a conversation
with the two prison officers, Mark Anthony and
Dominic Edward Malcolm, about the circumstances
surrounding the death of D’Arcy Clement Te Hira
and states that he does not wish to say anything
further about what he said to the prison officers or
comment on whether or not what he allegedly said is
a true account of the circumstances surrounding the
death of D’Arcy Clement Te Hira; and

(e) That the contents of the affidavits and statements
made by Mark Anthony, Dominic Edward Malcolm,
and Rimaati Kaipo give rise to the possibility that
Ross Gary Appelgren was not involved in the fatal
attack on D’Arcy Clement Te Hira; and

(f) That, having regard to the contents of those affidavits
and statements, Ross Gary Appelgren ought not to
have been convicted of murder:

And whereas a Police job sheet exists which contains a
Police officer’s record of comments made by the prison
officer, Mark Anthony, during a telephone interview
conducted on the 10th day of December 1990:

And whereas the job sheet records that Mark Anthony gave
an account of the above-mentioned conversation with
Rimaati Kaipo in similar terms to the affidavits and
statements subsequently made by him and by Dominic
Edward Malcolm in 1993:

And whereas it appears that the said job sheet was not
made available to Ross Gary Appelgren or his Counsel
either before or at the trial of Ross Gary Appelgren in
1992:

And whereas it appears that evidence is available which
could lead the Court of Appeal to the conclusion that the
trial was unsatisfactory and that a miscarriage of justice
might have occurred:

Now therefore, pursuant to section 406 (a) of the Crimes
Act 1961, Her Excellency the Governor-General, acting by
and with the advice and consent of the Executive Council,
hereby refers to the Court of Appeal for hearing and
determination the question of the conviction of Ross Gary
Appelgren for the murder of D’Arcy Clement Te Hira.

DIANE WILDERSPIN, Acting for Clerk of the Executive
Council.

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District Courts Act 1947

Acting District Court Judge Appointed

Pursuant to section 10A of the District Courts Act 1947, His
Excellency the Administrator of the Government, has been
pleased to appoint

Trevor Robert Gillies

Retired District Court Judge, to be an Acting District Court
Judge, to exercise civil and criminal jurisdiction at such
place or places and for such period or periods only as the
Chief District Court Judge may fix, pursuant to the said
section 10A of the District Courts Act 1947, for a term of
12 months on and from the date hereof.

Dated at Wellington this 5th day of May 1994.

D. A. M. GRAHAM, Minister of Justice.

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