Christchurch: Judge dismisses bike theft case after 12-month custody
Judge Jane Farish ruled that police lacked sufficient evidence to arrest Matthew Morris Clarke, who has been held for a year on charges of stealing bicycles and scooters.
By Alina Carter ·
Matthew Morris Clarke is free to go after Judge Jane Farish dismissed all remaining charges against him in Christchurch. Clarke spent 12 months in custody before the court ruled that police did not have enough evidence to justify his arrest in September 2024. The judge found that investigators relied on flawed identification methods and made procedural errors that undermined the prosecution.
The case began with 87 alleged offences involving bicycles and scooters stolen across Christchurch between September 2024 and September 2025. Some of the stolen items came from schools and city council facilities. The Crown later withdrew 24 of those charges. Clarke’s lawyer, Mitch Whitford, applied in April 2026 to have the rest dismissed after challenging the search warrants used by police.
Judge Farish identified serious problems with the identification evidence. A police officer claimed to see a close match to Clarke in CCTV footage based on an earlier prisoner photo. However, that officer was not called as a witness and had not provided a formal statement. The court had no record of how well the officer knew Clarke or what specific images he had viewed. The judge concluded that this evidence was insufficient to prove Clarke was the man on the camera.
The judge also found errors in the search warrants. Police relied on a blue jacket, distinctive shoes, and bolt cutters seen in the footage to link Clarke to the crimes. While Clarke possessed those items, the judge noted his face was not clearly visible in the video. She ruled there was insufficient evidence to justify searching a Christchurch property associated with Clarke, as police did not know who owned or lived there. The Crown conceded the evidence was flawed and described the issues as a litany of errors.
The judge also pointed out major disclosure failures. Police told the court they could not find a specific warrant application and believed it was stored offsite. Court staff located the missing document in less than five minutes during the hearing. Judge Farish found the police explanations were incorrect. These errors led to the exclusion of key CCTV material, which was the only potential link between Clarke and the alleged thefts.
Three charges remained after the warrant evidence was excluded. Judge Farish questioned the basis for Clarke’s original arrest. A police officer stopped Clarke after seeing him ride a bicycle and suspected him of involvement. Clarke was arrested for receiving stolen goods, but no such charge was ever filed because police lacked sufficient evidence. The judge stated that police would have been better off continuing surveillance rather than arresting him immediately.
Inspector Glenda Barnaby, the Christchurch police metro area prevention manager, told NZME that police made a procedural error that was not identified until the court reviewed the case documents. She said police acknowledge and accept the court’s decision. Clarke was discharged on the remaining charges and released from custody.
