Appeal to Filipo assault ruling allowed

The High Court has allowed an appeal against a judge's decision to discharge rugby player Losi Filipo without conviction for assaulting four people, including two women.

Losi Filipo. Photo: Getty Images
Losi Filipo. Photo: Getty Images

Filipo pleaded guilty to an early-morning assault, which happened in October last year, when he was still at school.

The 18-year-old escaped conviction when he appeared in Wellington District Court in August this year, when Judge Bruce Davidson took into account the effect on the rugby career of the Wellington under-19 wing and fringe member of the Lions squad.

An appeal by the Crown was heard by Justice Collins yesterday.

In a judgment delivered this afternoon, the judge said the appeal should be allowed.

"Having determined the appeal is allowed the immediate consequence is that the decision discharging Losi Filipo without conviction is set aside," he said.

In the ruling, Justice Collins notes an affidavit from the head of the police prosecution service stating Filipo's victims had notified police that they believed an appeal should be filed because the "factual basis of the sentencing was inaccurate".

The police prosecution service explained that either through an oversight or miscommunication within the police prosecution service, Filipo's case was not referred to the Solicitor-General when it should have been.