R v Alexander

[2017] NZHC 2062

ORDER PROHIBITING PUBLICATION OF THIS DECISION UNTIL FINAL DISPOSITION OF TRIAL.

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

CRI-2016-009-009101

[2017] NZHC 2062

THE QUEEN

v

JAYDEN SHANE ALEXANDER

Hearing:

28 August 2017

Appearances:

A R McRae for the Crown

J R Rapley & P A Bradford for the Defendant

Date of Ruling:

28 August 2017

RULING 1 OF NATION J

[1]    The Crown, at a late stage, has made an application for the witness, Ms Heke, to give her evidence screened. With it, there was a statement from Ms Heke indicating that she is finding the prospect of giving evidence extremely stressful but also that she does have feelings and a fear of the defendant which is making her very apprehensive about giving evidence. She is worried she will simply clam up in the situation that she faces.

[2]    There is a family background to the alleged events. The defendant is someone who is known personally to her and I consider it understandable that she has a particular apprehension or fear of him in that it could interfere with her giving evidence in the most reliable way.

R v ALEXANDER [2017] NZHC 2062 [28 August 2017]

[3]    For that reason, I am satisfied she should be screened. That does not necessary imply that there is any actual threat from the defendant or a threat of retribution. It is because of feelings which, I accept, she has and which would be rational and explicable in the situation that she faces.

Solicitors:

Gresson Dorman & Co., Timaru

J Rapley, Barrister, Bridgeside Chambers, Christchurch P Bradford, Barrister, Ashburton.