A David vs Goliath Victory: Melissa James Secures Landmark Win in KEWA-SWARBRICK Case
I am thrilled to share my extraordinary experience with Melissa James, a formidable barrister who successfully appealed the criminal convictions of Antony and Christina Kewa-Swarbrick, resulting in their dismissal on May 30, 2024. Her exceptional expertise, unwavering dedication, and unrelenting passion for justice make her a true legal powerhouse.
In a remarkable turn of events, Melissa James, a fearless and formidable barrister, has successfully appealed a criminal case against the New Zealand Government, represented as THE KING, versus Antony Swarbrick and Christina Kewa-Swarbrick.
Background-Case Overview
Antony and Christina Kewa-Swarbrick faced various charges pursuant to the Immigration Act 2009. They, and others, had a trial before Judge RLB Spear in the early part of 2023, which lasted five weeks in the Hamilton District Court, New Zealand.
Mr and Mrs Swarbrick were found guilty of four representative charges of aiding and abetting under the New Zealand Immigration Act on January 17, 2023 as Judge Spears handed down an unbalanced and unfair summing up, which amounted to Miscarriage of Justice.
(NOTE: The Swarbricks were never employers and never aided the process of illegal employment).
Appeal and Dismissal
On February 21, 2023, the Court of Appeal allowed an appeal by Mr. Swarbrick. Then, on April 26, 2024, the Court of Appeal allowed an appeal by Mrs. Kewa-Swarbrick. Melissa James’ tireless efforts behind the scenes led to a triumphant outcome. On May 30, 2024, Melissa pushed for the convictions to be dismissed. The Crown Solicitor filed an application to withdraw the charges pursuant to s146 of the Criminal Procedure Act 2011.
Mellisa James’ Defence and Judge’s Ruling
Melissa had put in a strong defense and sought a discharge pursuant to s147. Hamilton District Court Judge SR Clark ruled that charges be dismissed pursuant to s147, as argued by Melissa.
Conclusion and full justice for Swarbricks
Melissa James’ remarkable achievement in the KEWA-SWARBRICK case serves as a testament to her exceptional legal expertise, unwavering dedication, and unrelenting passion for justice. Although their names have been cleared, the damage caused by media reports cannot be ignored.
While part justice has been served, the pursuit of compensation for damages is a necessary next step to restore their reputation and dignity fully. Melissa James’ fearlessness in challenging the Crown and her mastery of the law make her a true legal champion, and her continued advocacy will be crucial in ensuring that Anthony and Christina Kewa-Swarbrick receive the full justice they deserve.