R v C HC Tauranga CRI 2008-270-361

[2009] NZHC 1955

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND TAURANGA REGISTRY

CRI 2008-270-361

THE QUEEN

v

C AND LTW

Telephone Conference:     31 July 2009

Appearances:  D McWilliam for Crown

C J Tennet and A Steedman for Accused C 

G Tomlinson for Accused LTW Accused Ms C   also attending

Date of Minute:                31 July 2009

TELEPHONE CONFERENCE MINUTE OF RANDERSON J

Solicitors:   Ronayne Hollister-Jones Lellman, PO Box 13063, Tauranga 3141

C J Tennet, PO Box 12456, Wellington 6144

Gowing & Co, PO Box 548, Whakatane 3158

R V C AND LTW HC TAU CRI 2008-270-361  31 July 2009

[1]      There are two applications under s 344A Crimes Court 1961 to be heard in

Hamilton on 24/25 August 2009.

[2]      The first relates to a challenge by Ms C   to statements she made to the police.   Mr Tennet is acting as counsel on behalf of Ms C   and has indicated  his  willingness  to  conduct  the  trial  on  her  behalf  irrespective  of  the outcome of a pending legal aid application.   Ms C   confirms that she is comfortable with Mr Tennet acting on her behalf.

[3]      However, difficulties have been encountered in obtaining the services of an expert witness to assess Ms C  ’s cognitive abilities.  More time is needed for this to be attended to.   Mr McWilliam for the Crown does not oppose an adjournment of this s 344A application until a date in September.  Counsel consider that up to two days may be required.

[4]      Accordingly, I direct in respect of the first s 344A application that the hearing for 24/25 August be vacated.  The registrar is to make inquiries with a view to an alternative date (possibly in Auckland) in September.   This will be confirmed to counsel.  To check progress, there will be a further telephone conference in relation to that matter to be arranged for 10 am on Monday 24 August 2009 at the commencement of the hearing of the second application under s 344A which I will now deal with.

[5]      The  second  application  relates  to  a  challenge  by  the  accused  LTW  to evidence obtained under an interception warrant.   Counsel estimate that no more than  one  and  a  half  to  two  hours  should  be  required  for  this  application. Mr Tomlinson  has  filed  submissions  and  the  Crown  will  file  and  serve  its submissions  by  7  August  under  the  timetable  previously  set  by  Heath  J  on

10 July 2009.  No evidence is required other than that which is already on the file.

[6]      A trial date is set for 16 November 2009.  This is a murder charge involving two young people.   It is important that the trial proceed on that date and that all counsel and parties strive to achieve that end.

A P Randerson J Chief High Court Judge