R v Sullivan
[2014] NZHC 489
•17 March 2014
IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY
CRI 2011-076-1948 [2014] NZHC 489
THE QUEEN
v
EDWARD ORAL SULLIVAN, ROBERT ALEXANDER WHITE and LACHIE JOHN McLEOD
Hearing: 12, 13 and 17 March 2014 Counsel:
C Carruthers QC, N Flanagan and P Gardyne for Crown
P H B Hall QC, M Corlett and K H Cook for Mr Sullivan
R B Squire QC for Mr White
J H M Eaton QC for Mr McLeodJudgment:
17 March 2014
(ORAL) JUDGMENT (NO. 5) OF HEATH J
Solicitors:
Serious Fraud Office, PO Box 7124, Wellesley Street, Auckland
Meredith Connell, PO Box 2213, Auckland
Gresson Dorman & Co, PO Box 244, Timaru
Rhodes & Co, PO Box 13444, Armagh, Christchurch
Duncan Cotterill, PO Box 5, Christchurch
Counsel:
C Carruthers QC, PO Box 305, Wellington 6140
P H B Hall QC, PO Box 3750, Christchurch
R B Squire QC, PO Box 10157, Wellington
J H M Eaton QC, PO Box 13868, Armagh, ChristchurchM Corlett, PO Box 4338, Shortland Street, Auckland
R v SULLIVAN and ORS [2014] NZHC 489 [17 March 2014]
[1] Last week, the three accused raised a question about whether I should disqualify myself from hearing this trial on grounds of apparent bias.
[2] On 12 March 2014, the first day of the trial, I ruled that I would not recuse myself on the information then available. I left open the possibility for the accused to apply formally after the Crown had opened its case. I did that to provide an opportunity for evidence to be called and for full submissions to be made.
[3] At the conclusion of the Crown opening I was told that the accused elected to make a formal application. On 13 March, I gave directions for the exchange of evidence and indicated the hearing would take place this afternoon, 17 March 2014.
[4] I have heard from counsel on the formal application today. I am not persuaded that grounds justifying recusal on the grounds of apparent bias have been made out The application is dismissed.
[5] I will give full reasons in writing for this decision as soon as practicable.
[6] The trial will now continue.
P R Heath J
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