R v Palmer CA334/03

In the Court of Appeal of New Zealand, the appellant Graham Ashley Robert Palmer sought a recall of the court's prior order dismissing his application for a rehearing of his appeal against a conviction for sexual violation and committing an indecent act. The appeal was originally dismissed in 2001, and Palmer's application for a rehearing was dismissed in 2003. The central issues for the court were whether the prior judicial "involvements" of two judges formed an appropriate basis for a submission of "apparent bias" and whether there was "false evidence" that led to an unsafe conviction.

The court found that the prior judicial "involvements" did not form an appropriate basis for a submission of "apparent bias." The court also found that the DNA evidence and Telecom accounts raised by Palmer were inappropriate to assess in the present context as it would amount to a significant inroad into the principle of finality. The court also emphasised the importance of the finality of litigation and noted that the public interest in the finality of litigation is of great moment.

The court concluded that there was no merit in the application for recall of the judgment of 8 March 2001. The application was dismissed, and the court had no jurisdiction to entertain it.