A young mother who testified against a drug dealer at a murder trial to avoid conviction for selling methamphetamine has had her conviction overturned by the Court of Appeal.
Dannielle Tumahai’s conviction overturned by the Court of Appeal
Dannielle Tumahai’s case will now return to the District Court, where she will present fresh evidence supporting her application for a discharge without conviction.
Tumahai’s involvement in drug-related activities stemmed from an abusive relationship in 2015. She was introduced to drugs, which led to the removal of her two children. Her partner was sentenced to 6½ years in prison, and she transitioned from cannabis to methamphetamine.
In May and June of 2020, Tumahai was charged with offering to supply at least 2.75 grams of methamphetamine and at least 1 gram of the same drug. She was arrested after being present in a hotel room with individuals involved in a drug deal gone wrong, resulting in a murder.
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Tumahai believed that her cooperation as a witness would lead to a discharge without conviction. She pleaded guilty to selling methamphetamine and made efforts to turn her life around, including seeking rehabilitation, relocating to a new residence, and achieving stability.
Her sentencing proceeded in the District Court despite her incomplete rehabilitation. Her request for a second adjournment was denied, and her lawyer was unable to participate effectively due to technical issues. As a result, she received a sentence of 15 months’ intensive supervision.
The Court of Appeal found that Tumahai’s conviction had been a miscarriage of justice. The court noted that she had made significant efforts to turn her life around, and that her conviction would have a negative impact on her ability to obtain employment and travel internationally.
Tumahai’s case is a reminder of the importance of ensuring that people who cooperate with the police are not punished for their past mistakes. The Court of Appeal’s decision is a just one, and it is hoped that Tumahai will now be able to move on with her life.
Source: New Zealand Herald