12th September 2023
Earlier today, Rosemary appealed against the decision to deny her bail in the case heard by Justice Grice at the Wellington High Court on Molesworth St.
Penwarden’s lawyer, Christopher Stevenson, argued that Rosemary should be released on Electronic Monitoring (EM) bail. Justice Grice determined that Rosemary was able to be released today on EM, travelling directly to her home in Ōtepoti Dunedin this evening. Rosemary’s bail conditions include those similar to that of Restore Passenger Rail supporter, John Tovey (decided by Judge Sainsbury) with a geographical limitation of the area from Mana in the north and Picton in the south, among other bail conditions.Rosemary is to report to police in Dunedin to be fitted with EM.
“We are one month out from a general election, both major parties are out there on ridiculous popularity contests, donning pirate costumes while the world burns,” said spokesperson Rosemary Penwarden from prison today.
“What I hope is that people will take courage from what Jen and I, and Alex have done, like the sixteen year old who wrote to me the other day who said ‘Rosemary, taking extreme action the way you did has given me hope for the first time in my life’.
“Some months ago bream washed up on our local beach, 1,000s of them, many still flapping. They’re a deep sea fish. The locals picked them up for dinner and they were the subject of discussion for a while – free fresh fish! How great! Whole populations of creatures are dying. I couldn’t go down to the beach that day”, said Penwarden in a letter from prison.
Further details of the case are provided below:
In the first part of the hearing Stevenson advanced a number of arguments that Rosemary should be released and the Crown argued that the High Court did not have jurisdiction to grant Electronic Monitoring (EM) bail.
Justice Grice said that the High Court has inherent jurisdiction, but was concerned by the lack of a suitability report for Rosemary’s house.
The matter was adjourned to allow for a suitability report to be completed with the hearing resuming at 3:30pm.
In the second part of the hearing, Justice Grice accepted the suitability report, as did the Crown. Stevenson suggested adopting a curfew similar to that of another Restore Passenger Rail supporter, John Tovey (decided by Judge Sainsbury).
A geographical limitation of the area from Mana in the north and Picton in the south was agreed on, and a transport plan for Rosemary to return to Ōtepoti Dunedin.
Justice Grice said she was prepared to grant the same bail conditions as Tovey. The case was stood down, with Stevenson and the Crown lawyer to finalise the bail conditions between them, and email them to Justice Grice to sign off on and release.