'Tindallgate' bouncer wins appeal

Jonathan Dixon
Jonathan Dixon
"Tindallgate" bouncer Jonathan Dixon has been granted an appeal to the Supreme Court.

The Queenstown man was found guilty by an Invercargill jury and convicted in 2013 of dishonestly obtaining CCTV footage from a Queenstown bar during the 2011 Rugby World Cup and was sentenced to four months' community detention and 300 hours' community work, but appealed the decision.

That conviction and sentence was quashed by the Court of Appeal and replaced with one for accessing a computer system and thereby dishonestly obtaining a benefit. He appealed that judgement to the Supreme Court.

The footage showed the then-England rugby captain Mike Tindall, who had recently married the Queen's granddaughter Zara Phillips, appearing to flirt with an old flame in Altitude bar, where Dixon was working as a doorman.

The incident caused a storm of publicity dubbed "Tindallgate".

In a Supreme Court judgement released today, the court granted an application for leave to appeal.

The judgement says the questions now are whether the Court of Appeal was correct to say CCTV was not ''property'' and whether it should have used the section of the Crimes Act it did to substitute the conviction to one of obtaining a benefit.

Dixon also objected to the court concluding some of his submissions were ''outside the scope of the leave granted'' and that they did not individually or collectively justify quashing the conviction.

The Supreme court will also question whether specific matters raised in submissions filed after the Court of Appeal hearing, which Dixon argues should have led to his appeal being allowed, can be considered.

 

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