R v Johnson

[2023] NZHC 476

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CRI-2017-054-000850

CRI-2017-054-2016 [2023] NZHC 476

THE KING

v

JOSEPH WILLIAM JOHNSON CHEA BRATTLE-HEMARA HAENA

Hearing:

9 March 2023 (further material provided 10 March 2023)

Appearances:

C Stevenson for Johnson E Hall for Hemara

S Baker for Crown

Judgment:

10 March 2023

RESULTS JUDGMENT OF ELLIS J

[1]                 Counsel for Messrs Johnson and Hemara have applied for disclosure/discovery in the context of their applications under s 364 of the Criminal Procedure Act 2011 for costs. The costs applications arise out of events before, during and after their clients’ trial for murder in 2019. The murder charges were ultimately dismissed.

[2]                 The costs applications are scheduled to be heard on Monday 20 March (three days presently being allocated). As I indicated to counsel at the hearing yesterday, the need to give all counsel adequate notice of the outcome of the present (disclosure) application so that the fixture can be retained makes it necessary to deliver a results judgment today.

R v JOHNSON & ANOR [2023] NZHC 476 [10 March 2023]

Result

[3]                 The result is that the applications are declined. I will give reasons in my judgment on the substantive costs application, in due course.

Next steps

[4]                 Mr Stevenson and Ms Hall are to advise Mr Baker and the Court whether, in light of this result, they wish to pursue the matter of cross-examination so I can rule on that promptly, if necessary. Once that issue is resolved counsel should confer and provide a revised time estimate (if any) for the costs hearing.

[5]                 I would be greatly assisted if Mr Stevenson and Ms Hall will be in a position to file submissions in support of their applications by close of play on Wednesday (15 March) and Mr Baker will respond by close of play Friday (17 March).

Rebecca Ellis J

Solicitors: Crown Law