{"id":105358,"date":"2025-10-28T14:46:11","date_gmt":"2025-10-28T14:46:11","guid":{"rendered":"https:\/\/www.newsbeep.com\/nz\/105358\/"},"modified":"2025-10-28T14:46:11","modified_gmt":"2025-10-28T14:46:11","slug":"ross-appelgren-widow-revives-court-of-appeal-fight-to-clear-his-name","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/nz\/105358\/","title":{"rendered":"Ross Appelgren widow revives Court of Appeal fight to clear his name"},"content":{"rendered":"

Ross Appelgren<\/a> was convicted in 1985 of murdering Darcy Te Hira in the kitchen at Mt Eden prison. Appelgren always maintained he was not in the kitchen when Te Hira was attacked.<\/p>\n

A self-described \u201cold school crim\u201d aged 33, Appelgren was serving a two-and-a-half-year sentence for six burglaries. It was the prison\u2019s first recorded homicide and took place on January 6, 1985, just three days before Te Hira was due to be released.<\/p>\n

Te Hira was getting out early because of good behaviour, but instead was beaten to death by a blunt instrument sometime between 7.20 and 7.30 on a Sunday morning.<\/p>\n

The \u2018nark\u2019<\/p>\n

The prosecution\u2019s case principally relied on the witness evidence of another prisoner \u2013 what other inmates call a \u201cnark\u201d.<\/p>\n

The witness, who said he saw Appelgren hit Te Hira in the head with a paddle used to stir food in the large prison pots, has permanent name suppression. In the podcast, he\u2019s referred to as \u201cErnie\u201d.<\/p>\n

He told the court, \u201cHe [Appelgren] went in a bit of pace and swung the paddle, and I heard a clack, a loud kind of noise\u2026 Four swings\u201d. Appelgren threatened him as he left the crime scene, saying, \u201cYou saw nothing, mate. Remember nothing\u201d, Ernie testified.<\/p>\n

After the 1985 trial and an unsuccessful appeal in 1986, Appelgren and his legal team discovered prosecutors had failed to hand over key evidence. It included Ernie\u2019s first police statements that he did not see or hear anything relating to the murder and an anonymous note he sent to prison authorities telling them \u201cI never saw it done\u201d.<\/p>\n

\"RossRoss Appelgren’s Corrections mugshot. Photo \/ Corrections NZ<\/p>\n

Conviction quashed, retrial ordered<\/p>\n

In 1990, Appelgren used those discoveries to successfully petition the Governor-General, who referred his case back to the Court of Appeal. Due to the prosecution\u2019s non-disclosure of Ernie\u2019s statements, the Court quashed his conviction and ordered a retrial.<\/p>\n

Appelgren\u2019s lawyers kept digging, and before the retrial learned Ernie had been placed in what was then New Zealand\u2019s most expensive Witness Protection Programme before the first trial. It was called Operation Icing and included Ernie getting early release from prison in June 1985; being put up in a Christchurch motel and rental accommodation for 18 months until February 1987; and the promise of a $5000 cash payment from police, which after Ernie testified in court, grew to $30,000.<\/p>\n

Police also promised to relocate Ernie overseas, although in the end, Ernie moved to Australia of his own accord.<\/p>\n

These details weren\u2019t disclosed to Appelgren\u2019s defence lawyers or the jury at the first trial. Appelgren\u2019s lawyer asked Ernie during the trial \u201cdo you know of any advantage you can gain from giving this evidence today\u201d. Ernie replied, \u201cNone at all\u201d.<\/p>\n

\u2018In real fear for his own life\u2019<\/p>\n

Appelgren\u2019s lawyers then and now have claimed Ernie benefited significantly from this arrangement and was induced to falsely implicate Appelgren in the murder.<\/p>\n

Ernie, the police and prosecutors rejected that, saying it was both legal and safer for Ernie to be held under guard outside of prison. They said because Ernie\u2019s evidence was so critical to the case against Appelgren, the measures employed to ensure he could testify were warranted.<\/p>\n

Police wrote to the Department of Justice before the first trial, saying, \u201che is in real fear for his own life\u2026While I realise your prison officers could keep [Ernie] in solitary confinement in the interests of his own safety, we are satisfied that the end result may well be a refusal of [Ernie] to give evidence\u201d.<\/p>\n

In 1992, Appelgren was re-tried with the prosecution case again relying heavily on Ernie\u2019s testimony. When quizzed by Appelgren\u2019s lawyer on why he failed to say he\u2019d seen the murder in his first police statements, Ernie said he feared for his safety and didn\u2019t want other inmates to think he had narked. Appelgren was found guilty for a second time, and his subsequent appeal dismissed.<\/p>\n

Back to the Court of Appeal<\/p>\n

In 1993, Appelgren and his lawyers discovered that police had been told three years earlier \u2013 before the retrial \u2013 that another prisoner had told two prison guards he ordered Te Hira to be bashed because of a dispute over drugs. This prisoner said Appelgren was not involved. Neither the police nor the prosecutors told the defence of this confession, Appelgren\u2019s lawyers argued.<\/p>\n

As a result, Appelgren again successfully petitioned the Governor-General, making him the only New Zealander to have had a conviction twice referred to the Court of Appeal by the Governor-General.<\/p>\n

The Court of Appeal\u2019s hearing of his second referral was adjourned in November 1994 to allow Appelgren\u2019s then-legal team to gather further evidence. However, Julie says that for reasons including Ross\u2019 poor health and lack of financial resources, his appeal was never heard. Appelgren died in 2013, maintaining his innocence, and his case has remained open before the Court ever since. Julie only discovered this in late 2023, when she looked into how she could challenge her husband\u2019s conviction in light of the Supreme Court\u2019s decision on Peter Ellis.<\/p>\n

\"JulieJulie Appelgren has instructed a new legal team comprising lawyers Nick Chisnall KC, Kerry Cook, and well-known investigator Tim McKinnel. Photo \/ Nick Monro<\/p>\n

Trying to finish what her husband started<\/p>\n

The Ellis case was the first and only time a criminal conviction has been overturned posthumously in New Zealand, when Ellis\u2019 convictions for child sexual abuse were quashed in 2022. Appelgren was convicted of murder, so this appeal is new territory for all involved.<\/p>\n

Julie is trying to finish what her husband started: \u201cA very happy ending it would be, but also vindication he was right all along\u201d.<\/p>\n

Julie has instructed a new legal team comprising lawyers Nick Chisnall KC, Kerry Cook, and well-known investigator Tim McKinnel.<\/p>\n

\u201cThere is evidence that substantially undermines the Crown case,\u201d McKinnel believes.<\/p>\n

Cook says the evidence against Ross is \u201cweak\u201d.<\/p>\n

\u201cIt\u2019s a relatively thin Crown case. For a start, you\u2019re in an environment where people have a propensity to be dishonest. There\u2019s no forensic evidence which links him to it.\u201d<\/p>\n

Cook points to one of the many remarkable aspects of this case; that the crime scene was cleaned up before police arrived. It meant no forensic evidence, such as fingerprints, DNA, or blood could be recovered. He also argues it\u2019s clear Ernie was rewarded for his testimony with the early release and cash.<\/p>\n

New evidence, fresh questions<\/p>\n

Cook says the new appeal will focus on the prisoner\u2019s 1990 confession, arguing the second jury should have been made aware of the claim by the other prisoner, RNZ has decided not to name, that he had ordered Te Hira be bashed.<\/p>\n

\u201cThat\u2019s very important evidence that a jury should get. And it is also relevant as well to\u2026 Ernie\u2019s credibility\u201d.<\/p>\n

The appeal will also draw on other new evidence and witnesses revealed in the Nark podcast not disclosed during Appelgren\u2019s two trials.<\/p>\n

As part of the investigation, RNZ has sent a list of more than 150 questions about the case and matters raised in this article to the Police and Crown Law, which oversees prosecutions in New Zealand.<\/p>\n

In an email, Detective Inspector Scott Beard, Auckland City CIB, wrote: \u201cWe are aware there is an ongoing Court of Appeal process which remains in the early stages at present. As this process is ongoing and has not been heard by the Court, it would be premature for Police to engage in detail at this point\u201d.<\/p>\n

Beard promised Police would comment further \u201conce we are in a position to do so\u201d.<\/p>\n

\"Appelgren'sAppelgren’s case has been investigated by host Mike Wesley-Smith. Photo \/ RNZ, Mark Papalii<\/p>\n

A Crown Law spokesperson told RNZ by email: \u201cAt present, the Crown is actively engaged with the preliminary stages of a continuation application by Mr Appelgren\u2019s estate. The matter is being case-managed by the Court of Appeal.<\/p>\n

\u201cAs with any other appeal process, this involves the applicant finalising the factual basis for the appeal and both sides preparing submissions for the Court. The process is still in its early stages and the factual basis for the application to continue the appeal has not yet been finalised.<\/p>\n

\u201cIn the near future, the Court of Appeal will hear the application. It is not appropriate or sensible for the Crown to take positions on the case in the media before it reaches the Court or, indeed, the facts have been ascertained. As with any other criminal appeal process that is before the Court, we will not be engaging with the media while it is at this stage\u201d.<\/p>\n

In a memoir written before he died, Appelgren said he wanted Ernie \u201cmade accountable\u201d but Ernie has stood by his sworn testimony that Appelgren attacked Te Hira with the paddle and denies lying to the court.<\/p>\n

Appelgren\u2019s new lawyers now have to convince the Court of Appeal that, despite the long delay and his death, his appeal should be heard. Cook says a hearing to consider those arguments is expected next year.<\/p>\n

– RNZ<\/p>\n","protected":false},"excerpt":{"rendered":"Ross Appelgren was convicted in 1985 of murdering Darcy Te Hira in the kitchen at Mt Eden prison.…\n","protected":false},"author":2,"featured_media":105359,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[6375,76243,3470,1349,15124,293,13617,111,43,139,69,1118,76244,40584,61,76245,33016],"class_list":["post-105358","post","type-post","status-publish","format-standard","has-post-thumbnail","category-new-zealand","tag-appeal","tag-appelgren","tag-clear","tag-court","tag-fight","tag-his","tag-name","tag-new-zealand","tag-news","tag-newzealand","tag-nz","tag-of","tag-revives","tag-ross","tag-to","tag-watkin","tag-widow"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/105358","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/comments?post=105358"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/posts\/105358\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media\/105359"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/media?parent=105358"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/categories?post=105358"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/nz\/wp-json\/wp\/v2\/tags?post=105358"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}