R v McGuire no.1 HC Hamilton CRI 2006-019-617

[2007] NZHC 1867

IN THE HIGH COURT OF NEW ZEALAND HAMILTON REGISTRY

CRI 2006-019-617

QUEEN

v

ROBERT WILLIAM MCGUIRE, TANE KYLE DOUGLAS GIBBONS, KAIYA IAN GENE GIBBONS, TRISTRAM JARRED TAKA AND NICOL JOY STEPHENS

Hearing:         19 June 2007

(Heard at Hamilton)

Appearances: P Crayton for Crown

T Sutcliffe and L Walkington for Accused N Stephens

Judgment:      19 June 2007

RULING (NO. 1) OF ASHER J

Solicitors:

Almao Douch, Crown Solicitors, PO Box 19173 Hamilton

Till Henderson King, PO Box 19342 Hamilton

R V MCGUIRE & ORS HC HAM CRI 2006-019-617  19 June 2007

[1]      Following the delivery of my judgment  in relation to the admissibility of Ms Stephens’ statement, Mr Sutcliffe has sought an adjournment of the trial to give him an opportunity to appeal my decision.  He realistically did not press the matter.

[2]      I have in my judgment expressed my regret that it is in the nature of a last minute application in relation to evidence of this type that pressure is put on the trial process.   There are five accused who have been arraigned and the jury has been empanelled.  This fixture is long-standing.  There will be very great inconvenience to the Court process if it is adjourned.  There will also be pressure from the delay on the other accused, one of whom is in custody.

[3]      It is not realistic or practical to adjourn the trial at this late stage and I decline the application.

……………………………… Asher J