R v Motekiai Taufahema

 

Background:

 

Senior Constable Glenn McEnallay was fatally shot on March 27 2002 at Hillsdale.

 

Senior Constable McEnallay had been in pursuit of a speeding vehicle occupied by Motekiai Taufehema (the driver), his brother John Taufehema, Sione Penisini and Meli Lagi. There were four loaded pistols in the car. When the vehicle stopped, Sione Penisini fired at Constable McEnallay.

 

All four men then fled the scene and were arrested a short time later.

 

Motekiai Taufehema was convicted of murder because it was found he was part of a joint criminal enterprise with the other three men to which the shooting of Senior Constable McEnallay was an incidental offence.

 

Motekiai Taufehema successfully appealed against his conviction which was overturned by the NSW Court of Criminal Appeal in May this year.

 

The CCA refused to order a retrial and entered a verdict of acquittal.

 

 

 

High Court Appeal

 

The DPP applied for special leave to appeal to the High Court for a retrial.

 

This application for special leave was heard at the High Court on September 29 2006 before Gleeson CJ and Heyden J.

 

Nicholas Cowdery AM QC appeared for the Crown.

 

Their Honours Gleeson and Heyden have referred the application for special leave to the full bench of the High Court, probably

 in December.