Abel Wira, who is accused of owning the dogs that mauled Neville Thomson in Panguru last year, is flanked by security guards in the Kaitāia District Court. Photo: RNZ / Peter de Graaf
A Far North man accused of owning the dogs that killed a friend in Panguru last year has been granted bail after initially being locked in the cells for refusing to follow court instructions.
Abel Jaye Wira, 59, appeared in the Kaitāia District Court on Monday charged with owning dogs that caused serious injury to Neville Thomson on 4 August, 2022.
Wira was eventually granted bail without a plea after a delay caused by his refusal to heed the judge's directions.
Bail conditions included that he reside at his Kaitāia address and have no contact with witnesses or Thomson's family members.
Judge Gene Tomlinson declined another bail condition that would have barred Wira from owning dogs and forced him to surrender any he still owned.
Judge Tomlinson said that was not an appropriate bail condition given the presumption of innocence, and the fact there had been no issues with dogs owned by Wira since the attack 16 months ago.
He is due back in court on 30 January.
Court documents state Wira was the owner of six dogs - Lovely, Son, Man, Darling, Bubba and Pipi - and 17 puppies at the time of the attack.
When Wira's name was first called he stood in the public gallery but refused to enter the dock, responding to the judge's order with a "no thank you".
"There's no 'no thank you'," Judge Tomlinson replied, and then repeated his instructions.
Instead Wira stated he was "a living man" standing under common law.
"I do not recognise this court's jurisdiction," Wira added.
Security guards escorted Wira into the cells while the case was adjourned.
His case was recalled after morning break, once he had spoken to duty lawyer Cathy Murray, who acknowledged Wira was undeniably a living man.
Wira requested interim name suppression but Judge Tomlinson said that horse had already bolted because his name had been published by a media outlet the previous week.
Wira also said he did not give consent to having his photo taken, but Judge Tomlinson said it was important the media could act as the eyes and ears of the public.
Permission to record and take photos in court was granted.
Judge Tomlinson advised Wira to get a lawyer, whatever his views on the court's jurisdiction.
"It is such a serious case, and with the most serious consequences, that we need the balance. Mr Wira has to be able to put his side of things."
The court hearing was attended by Wira's supporters and Neville Thomson's family members.
Judge Tomlinson acknowledged the family, saying he was sorry for their loss, and the court process was inadequate for the circumstances they found themselves in.
The charge against Wira, of owning a dog that caused serious injury, is laid under section 58 of the Dog Control Act 1996 and carries a maximum penalty of three years' jail or a $2000 fine.
The prosecutor, however, indicated the charge could be revised.
