R v S

[2020] NZHC 1753

SUPPRESSION ORDERS AS PER PARA. [5] OF THIS JUDGMENT

IN THE HIGH COURT OF NEW ZEALAND NEW PLYMOUTH REGISTRY

I TE KŌTI MATUA O AOTEAROA NGĀMOTU ROHE

CRI-2020-043-857

[2020] NZHC 1753

THE QUEEN

v

S, W AND L

Hearing:

17 July 2020

Counsel:

C E Clarke and J E Bourke for Crown S W Hughes QC for Ms S

K R Pascoe for Mr W
A R Laurenson for Mr L

Judgment:

20 July 2020

JUDGMENT (NO. 1) OF SIMON FRANCE J

[1]                 Other judgments to be issued in the next few days will describe the circumstances of this trial. The victim, Mr Ball, died in police cells. He was arrested in relation to a particular family harm incident. There are also allegations of a further incident involving his son, the details of which need not be set out. However, had they been investigated and charges ensued, statutory protections would apply given the age of the son and other matters.

R v S & ORS [2020] NZHC 1753 [20 July 2020]

[2]                 The allegations may or may not feature at trial. But consistent with the spirit of the various statutory protections, under the exercise of the inherent jurisdiction,1 I direct that the reasons for Mr Ball being arrested are suppressed. It may be referred  to as a family harm incident but there should be no reference to the nature of the allegations or the family members involved.

[3]                 This ruling applies until further order of the Court. To avoid doubt, if the evidence is led at trial, the evidence is suppressed unless application is successfully made to the trial Judge to vary this order.

[4]                 This ruling does not deal with the admissibility or otherwise of the evidence at trial.

Order

[5]                 There is to be no reference to the nature of the allegations made against Mr Ball or the reason for his arrest other than that it was for a family harm incident. The family members involved, and their relationship to Mr Ball, is suppressed.

Simon France J

Solicitors:

Crown Solicitor’s Office, New Plymouth for Crown Nicholsons, New Plymouth for Mr W

1      Seimer v Solicitor-General [2013] NZSC 68, [2013] 3 NZLR 441.