R v K HC Auckland CRI 2007-092-7651

[2008] NZHC 2369

This case has been anonymized

ORDER PROHIBITING PUBLICATION OF ANY PART OF THE PROCEEDINGS (INCLUDING NAMES AND EVIDENCE) UNTIL FINAL DISPOSITION OF TRIAL OF

MR KOREWHA & OTHERS ON 21 JULY 2008

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

CRI 2007-092-007651

QUEEN

v

K

Hearing:         3, 4 June 2008

Appearances: J Shaw for Crown

PL Borich for Accused

Judgment:      4 June 2008

ORAL JUDGMENT OF WOODHOUSE J

Solicitors:

Meredith Connell, PO Box 2213, Auckland

PL Borich, Rice Craig, PO Box 72440, Papakura

R V K HC AK CRI 2007-092-007651  4 June 2008

[1]      Towards the end of  this trial, which is a Judge alone hearing, I received an application from the Sunday News to search the Court file.   This prompted  an application by Mr Borich on behalf of Mr K   for an order suppressing in effect all information relating to this present proceeding including the evidence, until the final disposition of the further trial Mr K   faces with others, commencing on

21 July 2008.

[2]      Mr Shaw for the Crown supports the application.

[3]      The  essential  relevant  background  is  that  Mr K    and  a  number  of others were originally charged together with offences of manufacturing methamphetamine, and several counts under s 195 of the Crimes Act 1961 alleging wilful neglect of different children.

[4]      A single charge against Mr K   under s 195 of the Crimes Act 1961 relating to his son Napiah is the one I am now dealing with.   If it had not been severed from the other counts, all matters would be dealt with at the same time without any preceding decisions of the Court being published, which could have a bearing on the jury’s consideration.

[5]      A reasonable amount of the evidence I have heard will have at least some relevance in the pending trial in July, and any decision I may make on the present charge, whether on the final disposition of it or relevant matters of fact, may have a bearing  on  matters  a  jury  will  have  to  consider  in  the  trial  commencing  on

21 July 2008.

[6]      For these reasons and consistent with the Court’s general approach pending final disposition of criminal proceedings, I make an order prohibiting publication of any part of this proceeding including but without limitation the names of any of the people involved and the evidence, and including my decision, until the final disposition of the trial of Mr K   and others, which is due to commence in this

Court on 21 July 2008.

Peter Woodhouse J