P v Police HC Napier CRI 2009-441-45

[2009] NZHC 2470

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

CRI 2009-441-045

BETWEEN  P

Appellant

ANDNEW ZEALAND POLICE Respondent

Hearing:         15 December 2009

Counsel:         E J Forster for Appellant

R J Collins for Respondent

Date:              15 December 2009

JUDGMENT OF WILD J

[1]      This  is  an  appeal  against  the  refusal  of  bail  by  the  District  Court  on  4

December.

[2]      At the outset of the hearing this morning, Mr Collins indicated that he had agreed, with Mr Forster, on bail conditions, should I be minded to grant Mr P   bail.  Elaborating, Mr Collins explained that the agreed bail conditions overcame the Judge’s concerns as to the risk of interference with Crown witnesses, and to a lesser extent the risk of Mr P   offending if granted bail.  Mr Collins emphasised that the witness interference risk was a very real concern of the Police, but the agreed bail conditions required Mr P   to live well away, and to stay well away, from the place where the witnesses lived.

[3]      Before allowing this appeal, and allowing Mr P   bail, I wish to record that I share the Judge’s concern that there is a very real risk of interference with

P V NEW ZEALAND POLICE HC NAP CRI 2009-441-045  15 December 2009

Crown witnesses – a risk of standing over them, to dissuade them from giving evidence – if Mr P   was bailed to any address in or near Flaxmere.

[4]      In the circumstances, the appeal is allowed.  Mr P   is granted bail on the following conditions:

a)        He is to reside at 2 Holt Place, Waipukerau.

b)        He is not to be absent from that address between 5pm and 7am.

c)       He is to present himself at the door within three minutes of being so requested by the Police.

d)He is not to travel north of Waipawa except to attend Court and is to return   directly   to   Waipukerau   immediately   after   any   Court appearance.

e)        He is not to enter the suburb of Flaxmere.

f)        He  is  not  to  contact  or  communicate  or  attempt  to  contact  or communicate directly or indirectly with any prosecution witness.

[5]      Mr P  ’s next Court appearance is on Tuesday, 22 December.  He is to be at the Hastings Court by 9 am on that day, ready to appear.

Solicitors:

Crown Solicitor, Napier for the Respondent