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Wrongly Convicted Database Record
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Charge: |
Animal Cruelty |
Sentence: |
4 months |
Years Imprisoned: |
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Year Crime: |
2012 |
Year Convicted: |
2016 |
Year Cleared: |
2016 |
U.S. State or Country of Crime: |
New Zealand |
County or Region of Crime: |
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City of Crime: |
Manurewa |
Result: |
Judicially Exonerated |
Summary of Case: |
"Terepai Noel Teremoana? was wrongly convicted in February 2016 of reckless ill-treatment of an animal in Manurewa, New Zealand. Manurewa is an Auckland suburb just south of the city. Teremoana was prosecuted after an SPCA inspector found a dog named Psyko, in July 2012 on the property Teremoana was renting. During Teremoana's trial the inspector testified that Psyko was "just a skeleton with fur" when he was seized, and that although he received extensive treatment at a veterinary clinic and doubled his weight, he had behavioural issues and was later euthanised. Teremoana's defense was that he didn't agree to take care of the previous renters dog, and he didn't know the dog was still on the property. Teremoana wassentenced to four months in jail after he was convicted after a bench (judge only) trial at the Manukau District Court. Teremoana? appealed. In April 2016 the High Court in Auckland quashed Teremoana?'s conviction on the basis there was doubt about the credibility and reliability of testimony by two prosecution witnesses, and there was no evidence of an arrangement for Teremoana to take over the care of Psyko when his owners moved, and consequently he was neither responsible for, nor liable for the animal's care. Justice Paul Davison stated in his ruling, "... there is no sufficient evidence that there was a legal obligation upon Mr Teremoana to provide for his care and that by failing to do so, he was liable for the reckless ill-treatment of Psyko."" |
Conviction Caused By: |
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Innocence Proved By: |
"In April 2016 the High Court in Auckland quashed Teremoana?'s conviction on the basis there was doubt about the credibility and reliability of testimony by two prosecution witnesses, and there was no evidence of an arrangement for Teremoana to take over the care of Psyko when his owners moved, and consequently he was neither responsible for, nor liable for the animal's care." |
Defendant Aided By: |
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Compensation Awarded: |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
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Age When Released: |
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Sex: |
Male |
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Information Source 1: |
"Auckland man cleared of dog's ill-treatment, By Staff, Stuff.co.nz, May 12 2016" |
Information Location 1: |
http://www.stuff.co.nz/national/crime/79915214/auckland-man-cleared-of-dogs-illtreatment |
Information Source 2: |
"Man cleared over dog's ill-treatment by High Court judge, newshub.co.nz, May 4, 2016" |
Information Location 2: |
http://www.newshub.co.nz/nznews/man-cleared-over-dogs-ill-treatment-by-high-court-judge-2016050411#axzz48YoA15uy |
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Comments About Case: |
Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org