Taylor v Witness C

[2018] NZHC 810

IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY

I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE

CRI-2016-004-7370

[2018] NZHC 810

BETWEEN

ARTHUR WILLIAM TAYLOR

Prosecutor

AND

WITNESS C

Defendant

Hearing:

On the papers

Counsel:

R Francois for Prosecutor

A Simperingham for Defendant R Thomson for Solicitor-General T C Goatley for Media

Judgment:

26 April 2018

JUDGMENT OF WHATA J

This judgment was delivered by me on 26 April 2018 at 3.00 pm, pursuant to Rule 11.5 of the High Court Rules.

Registrar/Deputy Registrar Date: ………………………….

Solicitors:           Amicus Law, Auckland

Woodward-Chrisp, Auckland Crown Law, Wellington

Bell Gully, Auckland

TAYLOR v WITNESS C [2018] NZHC 810 [26 April 2018]

[1]                 This judgment confirms interim name suppression of Witness C has now lapsed.

[2]                 On 20 April 2018, I issued a judgment stating (in short) that, to maintain comity with the appellate Court process commenced by Mr Taylor, the interim name suppression of Witness C remained in place pending further order of the Court of Appeal or this Court.

[3]                 On 23 April 2018, I received a submission directly from Mr Taylor about interim name suppression in respect of Witness C. Mr Taylor had been unable to give full instructions in advance of the conference convened by me last week to address the lapsing issue. He has now helpfully clarified that, as prosecutor, he agrees with counsel for the Media, Witness C and the Crown that the Court is able to confirm that the interim suppression order made in favour of Witness C on 26 October 2017 has lapsed and his details can now be published.

[4]                 I note for completeness that Mr Taylor submits that any order in this respect will not derogate from this appeal or make unnecessary the issuance of a judgment by the Court of Appeal. That is not a matter upon which I can offer any useful observation. However, given Mr Taylor’s clarification, I am satisfied that my interim suppression order has lapsed, because Witness C has abandoned his appeal against conviction.

[5]                 I set the above out in a minute on Tuesday 24 April 2018 to Mr Taylor, Mr Francois, Ms Goatley for the Media, Mr Simperingham for Witness C and Ms Thompson for the Solicitor General. I also noted this formal judgment on the lapsing of interim name suppression would not issue until 3.00 pm, Thursday, 26 April 2018.