Brother cleared after appeal

Keith Wicks’ lies resulted in his brother being wrongfully convicted. PHOTO: ROB KIDD
Keith Wicks’ lies resulted in his brother being wrongfully convicted. PHOTO: ROB KIDD
Many who appeal their convictions believe in their innocence, but James David Wicks had a stronger case than most.

When his name was called in the Dunedin District Court in March last year, and a guilty plea entered to driving while suspended, there was a major problem.

It was not him in the dock,

It was his 31-year-old brother, Keith.

A month earlier, Keith Wicks was pulled over by police in George St.

In a bid to avoid trouble, he gave his brother’s name and details.

His brother was also banned from driving at the time and he was charged and given a court summons for the following month.

Rather than confess to the ruse, Keith Wicks turned up to court and was sentenced — a fine of $400 and a six-month driving disqualification — in his brother’s name.

It was two months later when police worked out what had happened.

In October last year, Keith Wicks was jailed for two years and nine months on a slew of charges, including attempting to pervert the course of justice, by incriminating his brother.

The only remedy was to formally appeal the conviction, which James Wicks did before the High Court at Dunedin this month.

“James was not in any way culpable for this piece of deception,” Justice Peter Churchman said.

“I am satisfied that a miscarriage of justice has occurred in this case. James was not complicit in the actions of Keith in using James’ name. He was ignorant that this had occurred and as soon as he became aware he took appropriate steps to appeal the conviction.”

It was not the only time Keith Wicks had used his brother to avoid responsibility. Four months after the initial incident, and while on bail, he was again pulled over by police and again give his brother’s particulars.

At sentencing, Judge Michael Crosbie said it was the first time in his career he had seen someone attempt to pervert the course of justice while on bail for doing just that.

Keith Wicks was banned from driving for three years and nine months.

 

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