R v Greer CA161/03

The Court of Appeal of New Zealand heard an application from Alan Ivo Greer, the appellant, against the Crown, seeking the re-hearing of his appeal against his conviction and sentence for driving while disqualified. The appeal against conviction and sentence was originally dismissed by the Court of Appeal in 1997, but an order was made on 3 June 2005 for the re-hearing of the appeal. Greer's counsel, Mr Pyke, sought orders under section 389(a) of the Crimes Act 1961 to obtain certain files and documents which he considered relevant to the proper preparation and presentation of the appeal. The Crown counsel, Ms Jelas, conceded that the disclosure had been incomplete and that some of the files were permanently lost. However, the Police files for the prosecution had been made available to Mr Pyke, and Greer requested the file relating to his complaints to the Police Complaints Authority in 1996.

The Court of Appeal made orders pursuant to section 389(a) of the Crimes Act to ensure that the necessary files and documents were obtained for the re-hearing of the appeal. The Registrar at the District Court, Palmerston North, was ordered to file a memorandum as to the whereabouts of the trial file and produce any records of the trial in his or her possession. Similarly, the Crown counsel who appeared at the trial was ordered to file a memorandum as to the whereabouts of his or her trial file and produce any records of the trial in his or her possession. The matter was to be brought back for review before William Young P in a telephone conference approximately six weeks hence. The Court also directed that a copy of the certified copy of entry of criminal record, the only document on the file which plainly belonged to the original District Court file, would be sent separately to counsel on both sides.

In conclusion, the Court of Appeal made orders for the re-hearing of the appellant's appeal against conviction and sentence for driving while disqualified. The Court ordered that the Registrar at the District Court, Palmerston North, and the Crown counsel who appeared at the trial, file a memorandum as to the whereabouts of the trial file and produce any records of the trial in their possession. The Court also directed that a copy of the certified copy of entry of criminal record would be sent separately to counsel on both sides. The matter was to be brought back for review before William Young P in a telephone conference approximately six weeks hence.