Crown to appeal dismissal

The dismissal of firearms charges against a Palmerston North woman, in the High Court at Timaru on November 4, has been referred to the Court of Appeal.

(21) was jointly charged with Chris Shaw (27), also of Palmerston North, with six counts of using a firearm against police during a dramatic chase through North Otago in a stolen Land Rover in February.

On the third day of the trial, Justice John Fogarty dismissed the firearms charges. Crown prosecutor Tim Gresson yesterday confirmed the dismissal of the charges would be referred the Court of Appeal.

Justice Fogarty said there was insufficient evidence to show Snelleksz was a party to the offences.

He said the common purpose of the couple, to commit a series of dishonesty offences and "go bush" to prevent CYF from taking two young children from Snelleksz, ended when they crashed the Land Rover near Palmerston, 57km northeast of Dunedin.

At the start of the trial on November 3, Shaw admitted five charges of using a firearm against police, including firing a .22 rifle at Constable Stefan Witehira of Oamaru, but denied a charge of firing the weapon at Constable Darrin Low, also of Oamaru. He also admitted three charges of mistreating children.

Snelleksz, who had been driving the vehicle, denied being a party to all six firearms charges and also denied three charges of mistreating children.

After the firearms charges against her had been dismissed, Snelleksz pleaded guilty to two charges of mistreating children.

Justice Fogarty agreed with Shaw's counsel, Bernadette Farnan, who said her client had admitted pointing and firing the rifle at Mr Witehira and, as only one shot had been fired, he could not therefore be charged with a second offence arising from the same action.

The charge of firing the rifle at Mr Low was amended to one of pointing the rifle after the crash, which Shaw admitted, bringing the trial to an end.

The defendants were remanded to December 16 for sentence on the charges they admitted.