Bush running nudist loses appeal

A Tauranga nudist has had his appeal against a conviction for mowing his lawns naked outside his 14th Avenue home dismissed.

Andrew Pointon, 47, was convicted and fined a total of $650 in May after being found guilty of two counts of offensive behaviour – charges he pleaded not guilty to.

Andrew Pointon has lost an appeal for his conviction on two charges of offensive behaviour.

The self-proclaimed naturist was arrested and charged after members of the public complained about him gardening or mowing the lawns naked on January 5 and March 30, 2012.

Last Friday Pointon appealed the two guilty verdicts on the naked gardening and lawnmowing charges on the basis he had not been given proper legal representation.

In a decision released yesterday Justice Paul Heath dismissed the appeal in the High Court in Tauranga saying he is confident Pointon received a fair hearing.

But this is not the first time Justice Heath has ruled on an appeal from Pointon.

In a separate case in August 2011, Pointon was found guilty in Tauranga District Court of offensive behaviour for jogging naked through McLarens Falls.

Pointon appealed the conviction and in December Justice Heath upheld the appeal in the High Court.

In appealing the naked lawnmowing charges, Pointon claimed he wanted to seek an adjournment on May 31 when he was convicted, but was interrupted by Judge Christopher Harding before he had a chance.

Prior to this, Pointon saw four lawyers before his hearing and was advised the case was 'unwinnable”.

He had sought a transfer of legal aid to another lawyer, but that was refused by the legal aid authorities.

Pointon also argued that at the time of the hearing on May 31, his whole right arm was in a plaster cast, and as he is right handed that hindered his ability to make notes of the evidence.

Pointon said he was forced to defend the charges on his own behalf, despite a lack of understanding of the processes.

This time Justice Heath said Pointon was aware of his right to legal representation, including his ability to seek legal aid to retain counsel.

'He had the opportunity to exercise those rights, and did so.”

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1 comment

Get on with it

Posted on 11-09-2013 20:50 | By The Sage

This is all attention seeking behaviour. He has had his 5 minutes of fame solet's get on with it and stop giving him publicity. He is not deserving of it.


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