R v Enoka

[2017] NZHC 697

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CRI-2015-009-001603 [2017] NZHC 697

THE QUEEN

v

ALBERT ENOKA

Hearing:	10 April 2017
Appearances:	C J Lange for the Crown A J D Bamford for the Defendant
Date ofRuling:	11 April 2017

RULING OF NATION J

[1]      The Crown have made an application to have Mr Morgan declared hostile. Mr Morgan was summonsed to give evidence today about events that occurred at a home which he shared with Mr Kovacs in early 2015.  In the evidence that he has given so far, he has provided very little detail about what happened and has often said he could not remember.

[2]      Mr Morgan made a detailed statement to the Police the day after the events that he is being asked to give evidence about.   In that statement, he provided considerable detail about what two people had done during the night in question, about property of his that was taken, about what he observed of how Mr Kovacs was looking after he said  Mr Kovacs  was  thrown  into  Mr Morgan’s  bedroom.   He described the person who threw Mr Kovacs into the room and described him as

being a patched-up Rebel gang member.

R v ENOKA [2017] NZHC 697 [11 April 2017]

[3]      I am satisfied, from the way that Mr Morgan has given evidence so far, that he is being deliberately evasive in answering the questions that have been put to him. This has all occurred in the context of him not answering the witness summons and my having to issue a warrant for his arrest.

[4]      In the circumstances, I do declare him hostile and the Crown have leave to put his statement to him.

Solicitors:

Raymond Donnelly & Co., Christchurch

Bamford Law, Nelson.