Crown Solicitor of Auckland v Crawford-Flett

[2012] NZHC 61

ORDER PROHIBITING PUBLICATION OF NAME(S), ADDRESS(ES) OR IDENTIFYING PARTICULARS OF APPLICANT(S) OR ACCUSED UNTIL THE FINAL DISPOSITION OF TRIAL.

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI-2010-044-004528 [2012] NZHC 61

BETWEEN  CROWN SOLICITOR OF AUCKLAND Prosecutor

ANDROURKE PETER GREGORY CRAWFORD-FLETT

Prisoner

ANDMARILYN GAY CRAWFORD-FLETT Applicant

ANDTHE TRUSTEES OF THE OAKS TRUST Applicant

Hearing:         3 February 2012

Appearances: Z R Johnston for Crown

M E Mann for Prisoner
J F Mather for Applicants

Judgment:      3 February 2012

JUDGMENT OF COURTNEY J

Solicitors:           Meredith Connell, P O Box 2213, Auckland 1140

Fax: [phone] – Z Johnston
Public Defence Service, P O Box 301604, Albany, North Shore 0752

Fax: [phone] – M Mann

Counsel:             J F Mather, Courtside Bldg 75C Corinthian Drive, Albany, Auckland 0632

CROWN SOLICITOR OF AUCKLAND V cRAWFORD-FLETT HC AK CRI-2010-044-004528 [3 February

2012]

Fax: [phone]

[1]      The Crown has applied for instrument forfeiture orders and Ms Crawford- Flett and the Oaks Trust has applied for relief from forfeiture.  The parties are agreed on the following timetable for the evidence required for the application for relief as follows:

(a)      A further affidavit by Ms Crawford-Flett regarding her personal bank account to be filed by 24 February 2012, though that information will be provided informally by Mr Mather by 8 February 2012;

(b)      A further affidavit by D S Sowter is to be filed by 24 February 2012;

(c)      Any  further  affidavits  by  the  Crown  witnesses  in  response  to affidavits filed by the applicants to be filed by 16 March 2012;

(d)      The applicants may reply to Crown affidavits by 30 March 2012.

[2]      A one-day fixture is to be allocated by the Registry as soon as possible after

30 March 2012.

[3]      Mr Crawford-Flett is currently on bail and that should continue on the current conditions.  He is therefore remanded on current conditions to appear again in the list

on 10 April 2012 at 11:00 am.

P Courtney J