R v Dickason

[2024] NZHC 2343

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

I TE KŌTI MATUA O AOTEAROA TE TIHI-O-MARU ROHE

CRI-2021-076-000807

[2024] NZHC 2343

THE KING

v

LAUREN ANNE DICKASON

Hearing:

On the papers

Appearances:

A R McRae for Crown

K J Beaton KC for Defendant

Judgment:

20 August 2024

JUDGMENT OF EATON J

This judgment was delivered by me on …….. at ……… pursuant to Rule 11.5 of the High Court Rules

Registrar/Deputy Registrar Date:

R v DICKASON [2024] NZHC 2343 [20 August 2024]

[1]                 Ms Dickason was found guilty of the murder of her three daughters following a trial in the High Court at Christchurch. She has since been sentenced. The case attracted much media attention.

[2]                 On 15 August 2024, Janelle Eaton of Auckland made application under the Senior Courts (Access to Court Documents) Rules 2017 (Senior Courts Rules) seeking access to the notes of evidence from Ms Dickason’s trial. Ms Eaton describes herself as associated with Te Waha Nui (AUT), the AUT journalism training newsroom. Her application records that she seeks the notes of evidence as research for an article    Ms Eaton is writing regarding the Dickason case.

[3]                 Ms Eaton is not entitled to the notes of evidence from the criminal trial as of right. That is because the notes of evidence do not form part of the Permanent Court Record under Part 7 of the Criminal Procedure Rules 2012. Ms Eaton’s application must be considered under rr 11 and 12 of the Senior Courts Rules.

[4]                 The application has been referred to the parties in accordance with r 11 of the Senior Courts Rules and  in  response,  a  joint  memorandum  has  been  filed  by  Mr McRae for the Crown and Ms Beaton KC for Ms Dickason. Both parties are opposed to the application. The memorandum observes that during the trial there were numerous occasions when material was suppressed after the evidence had been given and that it would be a significant undertaking for counsel to review and redact the notes of evidence to ensure that suppression orders are not breached. Counsel are concerned that there is a real risk as to confusion by Ms Eaton in terms of what can legitimately be reported and what has been suppressed.

[5]                 The joint memorandum records that as a consequence of the widespread media coverage throughout the course of the trial, there is an abundance of information available to Ms Eaton to research her proposed article. Confidentiality, privacy interests and privilege are also raised as grounds in opposition.

[6]                 Rule 12 sets out matters that a Court must take into account in considering a request for access to material under r 11 of the Senior Courts Rules. That includes the right of a defendant in a criminal proceeding to a fair trial and the protection of

confidentiality and privacy interests, and any privilege held by or available to any person. Under r 13 the Court must have regard to the stage of the proceeding. In particular, after a substantive hearing, open justice has greater weight but the protection of confidentiality and privacy interests has greater weight than would be the case during the substantive hearing.

[7]                 Ms Dickason has filed an appeal against conviction. At this stage a hearing date has not been allocated. Ms Dickason’s fair trial rights factor strongly against even the conditional release of the notes of evidence. Further, I accept that the notes will inevitably contain not only suppressed information, but a great deal of information that engages privacy issues.

[8]                 As I understand, no media representative has been granted access to the notes of evidence. I agree with counsel that the material that has been made publicly available should, at least at this stage, suffice the purpose of any research and a proposed article. Overall, given there is an outstanding appeal, I do not favour granting the application.

[9]Ms Eaton’s application is declined.

...................................................

Eaton J

Solicitors:

Crown Solicitors, Timaru

Counsel:
K J Beaton KC, Christchurch