INTERIM ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF DEFENDANT UNTIL FINAL DISPOSITION OF APPEAL.
IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2016-004-7370 [2017] NZHC 2610
ARTHUR WILLIAM TAYLOR
v
WITNESS C
Hearing: 25 October 2017 Counsel:
R Francois for Prosecutor
A Simperingham for prisonerSentence
25 October 2017
SENTENCING NOTES OF WHATA J
Solicitors: Amicus Law, Auckland
Woodward Chrisp, Gisborne
TAYLOR v WITNESS C [2017] NZHC 2610 [25 October 2017]
Name Suppression
[1] Witness C, I would normally invite you to stand but then I would invite you to sit down, so just remain seated for now. Before I commence with the sentence, I want to repeat my decision, or at least the outcome of my evaluation on the application for suppression. The application by various members of the media to revoke the name suppression order made by Tompkins J on 20 November 1990 is revoked. A judgment with reasons for my decision will be released separately. I do, however, make an interim order for suppression, having been advised that Witness C is going to appeal to the Court of Appeal; and so I make an interim order suppressing Witness C’s identity pending the outcome of the Court of Appeal matter, but with leave granted to the media outlets to return to this Court to seek further assistance if necessary.
Introduction
[2] Turning then to the sentence, Witness C, you have been found guilty of eight charges of perjury.1 These charges relate to evidence you gave at the trial of David Tamihere for murder in 1990. You face a maximum term of imprisonment of
14 years.2
[3] In order to provide proper context to your offending, it is necessary to describe the background facts in some detail.
Facts
[4] In preparing this background I have referred to the evidence given at your trial and the summary of the evidence given at Mr Tamihere’s trial provided by the Court of Appeal.3
[5] Mr Tamihere was charged and convicted of the murder of two Swedish tourists, Heidi Paakkonen and Sven Hoglin, in 1990. The Crown case at his trial was
wholly circumstantial, as the bodies of the victims had not been located. The Crown
1 Crimes Act 1961, ss 108 and 109.
2 Section 109(2).
3 R v Tamihere CA428/90, 21 May 1992, and Taylor v C [2017] NZCA 372.
case included key evidence from two trampers who saw a man they identified as Mr Tamihere with a woman, they said, was similar to Ms Paakkonen. The victims’ possessions were also found at Mr Tamihere’s address, including the rental car they had hired, the keys, and Ms Paakkonen’s poncho. Balanced against this, there was evidence from a number of defence witnesses that the couple were seen at the northern tip of Coromandel Pennisula at the time when the woman resembling Ms Paakkonen was said to have been seen by the two trampers.
[6] Three prisoners also…
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- [2017] NZHC 2610
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