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Bush lawyer denied bail

BELINDA FEEK
Last updated 13:48 13/12/2012

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A Hamilton man mounting his own appeal from jail has been denied bail.

James Patrick Gollan was earlier this year convicted on two charges of assault with a weapon and two of threatening to do grievous bodily harm.

Gollan was found to have threatened to use a shotgun and swung a baseball bat at a repossession agent and his brother when they claim to repossess a motor vehicle on March 30, 2011.

Gollan claimed he was acting in self defence  but Judge David Ruth rejected that defence.

Judge Ruth sentenced him to 12 months prison.

Gollan is appealing both the conviction and sentence and applied for bail until that hearing can be heard as he is his own counsel.

In his application for bail from prison, Gollan said bail was necessary to enable him to prepare himself for self-representation and his merits for the appeal were ''strong''.

Gollan said despite the best efforts of Corrections officers, their facilities were not adequate  and ''his right to equality of arms is therefore infringed''.

But the Court of Appeal said as Gollan acted for himself during the four-day hearing, his ability to prepare for the appeal ''are not decisive on the question of bail''.

The judges decided that there was nothing compelling in Gollan's application for bail or his appeal itself.

As for the impact the jail sentence has on him and his family, the judge noted that there was nothing raised that ''goes beyond the hardship that unfortunately often falls on a defendant's family as a result of conviction for criminal offending''.

The court was therefore satisfied Gollan's application bail was not in the interests of justice.

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- Waikato

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