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New Zealand Police v Kelleher [2024] NZDC 12550

Published 14 November 2024

Oral judgment — dishonestly entering vehicle — protest — Crimes Act 1961, s 226(2). The defendant faced a charge of dishonestly entering a vehicle. He was alleged to have boarded a boat without the owner's permission, during a protest against the construction of a marina on Waiheke Island. The defendant claimed to have played the role of "peacemaker" in the protest, and denied going on board the boat. He said that he had merely approached the boat to talk to the owner, in an attempt to keep the protesters safe. The Court was not convinced by the defendant's explanation and generally found him to lack credibility. However the prosecution case was not supported by strong evidence. The Court found that there was reasonable doubt, so the defendant was acquitted. Judgment Date: 30 May 2024