Former Queenstown doorman Jonathan Dixon is taking his case to the Supreme Court.
Dixon was convicted of dishonestly obtaining property after uploading footage to YouTube of England rugby star Mike Tindall on an infamous boozy night out during the Rugby World Cup.
Tindall – married to royal Zara Phillips – was recorded on CCTV cavorting with a former girlfriend at Queenstown’s Altitude Bar, where Dixon worked as a bouncer.
The conviction was quashed at the Appeal Court on July 17 – and replaced with another one.
Dixon, 42, contends that’s not allowed under law and is seeking a retrial.
“I’ve submitted to the Supreme Court but it’s going to be difficult – they kick back 99 per cent of them,” Dixon says.
“If they allow it and read what the submissions contain, I believe it will win and I’ll get what I have requested, which is a retrial.”
The Appeal Court ruled digital information is not property, which meant Dixon’s conviction for dishonestly obtaining ‘property’ was replaced with one of dishonestly obtaining ‘a benefit’.
Dixon says: “The law doesn’t permit the charge to be swapped or amended.”
Dixon tried to sell the footage to a British newspaper, and the ‘opportunity to sell the footage’ is considered as the ‘benefit’.
His submission also says his original Queenstown District Court trial was unfair.
Dixon alleges his lawyer, John Westgate, withheld crucial evidence at the trial.
Approached by Mountain Scene, Dunedin-based Westgate says: “No comment.”
Dixon also contends in his Supreme Court submission that evidence from the bar’s general manager at the original trial should have been inadmissible and Judge Kevin Phillips erred in his summing up by asking the jury to focus on it.
A similar submission made to the Appeal Court, without his lawyer’s backing, was dismissed.
Dixon was sentenced to four months’ community detention including a night-time curfew and 300 hours’ community work.