King v Attorney-General

Case [2017] NZHC 1696


For a Court ready (fee required) version please follow this link

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CIV-2016-441-69 [2017] NZHC 1696

BETWEEN

ZION HIONA KING

Plaintiff

AND

THE ATTORNEY-GENERAL Defendant

Hearing: 2 December 2016

Appearances:

R Fairbrother QC and G Fairbrother for the plaintiff
A M Powell and A L Dixon for the defendant

Judgment:

21 July 2017

JUDGMENT OF ASSOCIATE JUDGE SMITH

CONTENTS

Background........................................................................................................................................... 2

Mr King’s statement of claim ............................................................................................................ 15

The strike-out application and the notice of opposition.................................................................. 24

Principles applicable to strike-out applications ............................................................................... 26

The issue to be decided ...................................................................................................................... 28

Counsel’s submissions ........................................................................................................................ 29

The Attorney-General ...................................................................................................................... 29

Mr King ........................................................................................................................................... 34

The Attorney-General in reply ......................................................................................................... 51

Discussion and conclusions ................................................................................................................ 54

The cases ......................................................................................................................................... 54

The Compensation Scheme .............................................................................................................. 74

Application of the law in this case ................................................................................................... 77

Did the police owe a duty of care up to the point Mr King was charged? ...................................... 79

Did the police owe a duty of care after Mr King was charged? .................................................... 102

Result ................................................................................................................................................. 140

KING v THE ATTORNEY-GENERAL [2017] NZHC 1696 [21 July 2017]

Introduction

[1]      The  defendant  (the  Attorney-General)  applies  to  strike  out  Mr  King’s

statement of claim.

Background

[2]      The following is taken from Mr King’s statement of claim.

[3]      In  early  2008  the  police  in  Napier  were  investigating  the  homicide  of Mr King’s neighbour, Ms Maihi-Carroll, whose body had been discovered at her home on Monday 21 January 2008.  Ms Maihi-Carroll and Mr King both lived in the same rental unit complex in Napier.

[4]      Suspicion fell upon Mr King when interviews with his co-workers suggested that he had disclosed details of the killing at a time when that information had not been publically released.   Mr King was interviewed by police and maintained his innocence.

[5]      On 26 March 2008 Mr King was charged with Ms Maihi-Carroll’s murder.

[6]      At the time of his arrest, Mr King was on parole, having been earlier released from prison.  As a result of being charged with the murder while on parole he was recalled to prison, where he remained for 16 months serving out the balance of his sentence for the earlier offending.

[7]      A depositions  hearing  was  conducted  in  the  District  Court  at  Napier  in October 2008, presided over by Justices of the Peace.  Mr King was committed for trial on the murder charge.

[8]      On 1 April 2009 Mr King filed an application for discharge under s 347 of the

Crimes Act 1961. That application was unsuccessful.

[9]      The case proceeded to trial, but there was a mistrial.   A second trial was scheduled for 8 February 2010.

[10]     On the Sunday before the first day of the second trial, the Crown’s solicitor contacted Mr King’s counsel and advised that the evidence of Mr King’s co-workers was now considered unreliable.  The Crown solicitor suggested that Mr King make another application for discharge under s 347 at the commencement of the trial.

[11]     Mr King duly made that…

Continue reading King v Attorney-General

Sign in free to access the full text

Details
AGLC
King v Attorney-General [2017] NZHC 1696
Case
[2017] NZHC 1696
Decision Date

CaseChat Overview and Summary

Zion Hiona King filed a claim against the Attorney-General, who represented the New Zealand Police, alleging negligent investigation. The claim arose out of a criminal investigation and prosecution of Mr King for the murder of Ms Maihi-Carroll. Mr King was acquitted after the Crown decided not to oppose his application for discharge under s 347 of the Crimes Act 1961. The Attorney-General applied to strike out the claim on the basis that no duty of care was owed by the police to Mr King. The court considered whether, on the facts pleaded, the claim was clearly untenable. The court held that the claim for negligence up to the point when Mr King was charged must be struck out. The court held that the claim for negligence after Mr King was charged should go forward to trial. The court held that the claim for negligence in respect of the unreliability of evidence generally need not be struck out at this stage.

Orders

Orders of the court

Full text does not contain this section.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.