A 鈥渟eriously concerning sexual predator鈥 jailed for indecently assaulting a woman during a massage has lost an appeal against his conviction and sentence.
Tangapiri Teikamata, 58, was听听in September at the Christchurch District Court after indecently assaulting a woman in 2015.
Almost all details of the incident have been suppressed but it can be reported that the incident happened during a massage.
Teikamata initially denied the allegation when he was charged in 2018, but then pleaded guilty in March last year. However, in May he requested to vacate his guilty plea which was denied.
Teikamata had three prior convictions for indecently assaulting a woman in 1998 and was imprisoned for raping another woman in 2008. Teikamata was also imprisoned for indecently assaulting an 18-year-old woman in 2017.
Throughout the judicial process, Teikamata has been through 11 lawyers, claiming they all gave him bad legal advice.
Earlier this month he appeared in the High Court at Christchurch before Justice Helen Cull to appeal his sentence and conviction.
The grounds for his appeal included that he believed he had been falsely charged and previously convicted as another person, Teikamata, when his real name was Tangapiri Tito.
He claimed there was a procedural error in that there was no guilty plea from him or trial on the charge of indecent assault, that he was forced into pleading guilty, and his application to vacate the guilty plea was heard in his absence.
During the appeal, Teikamata told Justice Cull he was not guilty.
鈥淚 thought the rules say you have to be guilty to be thrown in prison,鈥
鈥淚t never happened. The police don鈥檛 have any evidence at all.鈥
He submitted he had been falsely arrested in place of Teikamata and 鈥渇orced, threatened, coerced and harassed鈥 to appear in Court for Teikamata and to take part in identity fraud.
He said the courts鈥 agents had randomly interchanged names which was unlawful, as his birth certificate was conclusive lawful evidence of his identity, and that he was not the accused.
Crown prosecutor Courtney Martyn submitted there was substantial evidence proving who Teikamata was.
Justice Cull said in her ruling, released on Wednesday, she was 鈥渟atisfied鈥 that Teikamata and Tito were 鈥渙ne and the same individual鈥.
鈥淭here has been no miscarriage of justice and this ground is without merit鈥.
Teikamata also claimed his previous lawyers had not asked for his affidavit, or his side of the story. However, he declined to waive privilege over any communications between himself and his lawyers.
He also said Judge David Ruth, who sentenced him, violated due process by refusing to vacate his guilty plea.
鈥淚n the absence of cogent evidence, I have considerable difficulty accepting that the appellant鈥檚 previous 11 lawyers, including two KCs, have all him wrongful or negligent advice,鈥 Justice Cull said.
鈥淚t is telling that the appellant declined to waive privilege over the advice he received to support his claims that the advice was negligent.鈥
Teikamata had not provided the court with a 鈥渟ufficient basis鈥 to conclude that one of the 鈥渆xceptional circumstances鈥 applied to him to succeed in an appeal against conviction, Justice Cull said.
鈥淔urther, there was probative and compelling evidence against him.鈥
Justice Cull dismissed his appeals against his sentence and conviction.
At his sentencing, Judge Ruth addressed Teikamata and said he had a concerning record of sexual predatory behaviour.
Judge Ruth said Teikamata had three prior convictions for indecently assaulting a woman in 1998 and was imprisoned for raping another woman in 2008.
Teikamata was also imprisoned for indecently assaulting an 18-year-old woman in 2017.
鈥淚 regard you as a seriously concerning sexual predator.鈥
听
Take your Radio, Podcasts and Music with you
Get the iHeart App
Get more of the radio, music and podcasts you love with the FREE iHeartRadio app. Scan the QR code to download now.
Download from the app stores
Stream unlimited music, thousands of radio stations and podcasts all in one app. iHeartRadio is easy to use and all FREE