20 Dec 2008

Jury trial ruled out by Court of Appeal

9:34 pm on 20 December 2008

The Court of Appeal has dismissed a bid by a man to have his case against the police heard by a jury.

Michael Gregory of Papakura was unlawfully detained and pepper-spayed by four officers under the suspicion he was involved in an aggravated robbery about seven years ago.

Charges brought against him were later dropped.

Since then he has been seeking exemplary damages.

The High Court ruled the case was a matter to be heard solely by a judge and not by a judge and jury as Mr Gregory wished.

The Court of Appeal has now upheld that decision and Mr Gregory has been ordered to pay court costs.