IN THE HIGH COURT OF NEW ZEALAND NELSON REGISTRY
CRI-2015-442-000011 [2015] NZHC 1096
THE QUEEN
v
TAYLOR IVAN ANTONIEVIC NATALIE JEAN BUSCH GRANT ROY HAYWARD TERRY JONES
GLYN PATRICK RUTLEDGE ROBERT JOHN STEWART GLEN ROSS THOMPSON
Hearing: 4 May 2015 Counsel:
J M Webber for Crown
K W Jones (acting on instructions from Mr S J Zindel) for
Defendant Antonievic
No appearance required for Defendant Busch
C P Stevenson and T H A Spear for Defendant Hayward
R M Lithgow QC and A J D Bamford for Defendant Jones
J C S Sandston for Defendant Rutledge
No appearance required for Defendant Stewart
C W J Stevenson for Defendant ThompsonJudgment:
21 May 2015
JUDGMENT OF COLLINS J [Applications for Stay of Proceedings]
R v ANTONIEVIC [2015] NZHC 1096 [21 May 2015]
Summary of judgment
[1] All remaining charges based upon evidence obtained after 1 June 2010 are stayed because allowing the trials to continue would undermine public confidence in the integrity of the criminal justice system.1
[2] The small number of remaining charges based upon evidence which pre-date
1 June 2010 are not stayed. The Crown will need to determine whether it wishes to proceed with those charges.
Context
[3] The defendants’ applications to stay all remaining charges arise in the context
of five judgments of the High Court and Court of Appeal.
[4] First, in R v Antonievic, Simon France J stayed all charges because of his concerns over significant misconduct engaged in by the police when undertaking an undercover investigation into the defendants.2 I will refer to that misconduct as the “false warrant and prosecution scenario”.
[5] Second, the Court of Appeal allowed the Crown’s appeal and reinstated the charges.3 A key element in the Court of Appeal’s reasons for allowing the appeal was the Court of Appeal’s understanding there was no connection between the false warrant and prosecution scenario and the evidence obtained by the police to support the charges.
[6] Third, on 20 February 2015 I ruled that on the basis of the evidence presented to me, there was a connection between the false warrant and prosecution scenario and evidence gathered by the police after the commencement of that scenario on
1 June 2010. I ruled that the evidence in relation to all but the “serious” charges that
1 R v Antonievic [2013] NZCA 483, [2013] 3 NZLR 806 at [48]; Beckham v R [2012] NZCA 603, [2013] 1 NZLR 613 at [43]; R v Maxwell [2010] UKSC 48, [2011] 1 WLR 1837 at [13]; Warren v Attorney-General for Jersey [2011] UKPC 10, [2012] 1 AC 22 at [22].
post-dated 1 June 2010 was excluded under s 30 of the Evidence Act 2006 (Evidence
Act).4 The Crown did not appeal that decision.
[7] Fourth, on 11 March 2015 I identified what I believed were the “serious” charges.5 I ruled that…
Continue reading R v Antonievic
Sign in free to access the full text
- AGLC
- R v Antonievic [2015] NZHC 1096
- Case
- [2015] NZHC 1096
- Decision Date
CaseChat Overview and Summary
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.