Riiria Jade Tatana given a last chance after filing six habeas corpus applications
A jailed woman who has repeatedly challenged the validity of being locked up has threatened legal proceedings, criminal charges, violence and damages against judges, public servants and lawyers.
But the judge involved in hearing her latest case has not only denied her request, but instead cited concerns over her mental health.
Riiria Jade Tatana is in jail on various charges, including the latest, for allegedly assaulting a prison guard in February.
In the past 17 months, Tatana filed six applications for habeas corpus, which, in Latin, means “you shall have the body” and is used to challenge the validity of a person’s detention.
Four applications were refused because they were found to be totally without merit, while judgment on the fifth has been reserved.
Tatana’s latest handwritten application, filed with the High Court earlier this month, challenged her arrest following a warrant issued by Judge Nicola Wills in the Porirua District Court in June.
During the virtual hearing earlier this month, Tatana sought a writ of habeas corpus, maintaining the charge had been dismissed.
But the Corrections Department rejected that, confirming with the prosecutor that the charge had been upgraded from common assault, which carried a maximum sentence of six months’ jail, to injuring with intent with reckless disregard, which carried a maximum sentence of five years’ jail.
It also sought an “extended” order under Section 166 of the Senior Courts Act 2016, restricting commencement or continuation of further applications for a writ of habeas corpus by Tatana without leave of a High Court judge.
It submitted that all Tatana’s applications were “totally without merit” and included allegations she was unlawfully detained because she disagreed with the charges against her and bail decisions that had been made.
She also attempted to mislead the court about the status of the charges to support her application (as she had done in the current case, claiming the charges were dismissed and a corrupt warrant had been procured), repeated allegations that had already been dismissed in earlier applications and alleged corruption, fraud or bad faith against various people, often in intemperate and abusive language.
According to the department, she also used the process to threaten legal proceedings, criminal charges, violence and damages claims against judges, public servants and counsel.
Justice Dale La Hood’s decision said he didn’t accept Tatana’s submission that there was a problem with the warrant because she was held first at Auckland Prison, before being transferred to Arohata Prison, as the warrant had directed.
He also said there was no merit in her submission that a Corrections employee’s signature on the warrant, in addition to the judge’s signature, rendered her detention unlawful, saying that the judge’s signature validated the warrant.
But the judge did accept Corrections’ submission that Tatana made allegations against Corrections staff, including allegations of fraud, corruption and kidnapping, that couldn’t be determined by an application of habeas corpus.
He also accepted Corrections’ submissions that the court should be concerned about the number and frequency of applications for habeas corpus, the wide allegations outside the court’s jurisdiction and threats made against the judiciary and others.
One last chance
In his decision, Justice La Hood said “by a very narrow margin” that Tatana should be given a final chance to show that she won’t continue to abuse the habeas corpus process before a 166 order is made.
In making his ruling, Justice La Hood cited the constitutional importance of the writ, the fact that Tatana is in custody on active charges, was self-represented, displayed some mental fragility and had not been warned about the court order.
“If Ms Tatana makes any further application for a writ of habeas corpus that the registrar believes is plainly an abuse of process, before it is accepted for filing it can be referred to a judge to consider whether it should be struck out or not.
“However, I warn Ms Tatana that the court is likely to make an S166 order, should she continue to make meritless habeas corpus applications.”
The judge also said he remained concerned about Tatana’s mental health and for a second time directed that his decision be sent to the manager at Arohata Prison to ensure Tatana has been appropriately assessed and treated.
Tatana is due to appear in the Gisborne District Court next week.
Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist at the Waikato Times and RNZ. Most recently, she was working as a media adviser at the Ministry of Justice.
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