The Queen v Foreman

IN THE COURT OF APPEAL OF NEW ZEALAND
CA516/07
[2008] NZCA 29
THE QUEEN
v
MURRAY KENNETH FOREMAN
Hearing:21 February 2008

Court:Hammond, John Hansen and Priestley JJ
Counsel:R B Squire QC and C W J Stevenson for Appellant

B J Horsley and T Singh for Crown

Judgment:25 February 2008 at 4 pm

JUDGMENT OF THE COURT

AThe appeal, insofar as it seeks a change of venue of the trial, is dismissed. Reasons will be delivered later.
BAll other issues on the appeal will be dealt with in a further judgment of the Court.

REASONS OF THE COURT
(Given by Hammond J)
[1]       Mr Nicholas farmed in the Napier region. On 27 August 2004, he was shot dead outside his farmhouse.
[2]       Mr Foreman has been charged with the murder of Mr Nicholas and also with wilfully attempting to pervert the course of justice, by making a false statement to the police.
[3]       The indictment was filed in the High Court at Napier. That would be the usual venue for this trial. An application has been made to have the trial moved to the High Court at Wellington.
[4]       In a judgment delivered on 21 September 2007 Simon France J declined to order a change of venue. He also dealt with certain questions relating to the admissibility of evidence at the trial.
[5]       An appeal has been made to this Court both on the change of venue application, and on the evidence questions.
[6]       There is a degree of urgency on these matters because the trial is scheduled for 7 April 2008, in Napier or Wellington, as this Court determines. Amongst other things logistical arrangements have to be made, and jury notices need to be issued.
[7]       We are therefore issuing this result judgment now, on the change of venue application only. The appeal against the judgment of Simon France J in that respect is dismissed. We will give our reasons for that determination in our second judgment, which will also deal with the admissibility issues.
[8]       The practical result of this judgment is that Mr Foreman will stand his trial at Napier commencing on 7 April 2008 or on such other date as the High Court may direct.
Solicitors:
Leo Lafferty, Napier for Appellant
Crown Law Office, Wellington

CaseChat Overview and Summary

The appeal, brought by Murray Kenneth Foreman against The Queen, was heard by the Court of Appeal of New Zealand on 21 February 2008. Mr Foreman is charged with the murder of Mr Nicholas, who was shot dead on his farm on 27 August 2004. He is also accused of attempting to pervert the course of justice by making a false statement to the police. The indictment was filed in the High Court at Napier, which is the usual venue for such trials. However, an application has been made to transfer the trial to the High Court at Wellington.

The appeal concerns two main issues: the venue of the trial and certain questions relating to the admissibility of evidence. The Court of Appeal was required to determine whether the trial should be moved from Napier to Wellington, and to address the admissibility of evidence. The appeal was heard with a sense of urgency as the trial was scheduled to commence on 7 April 2008. This necessitated an immediate decision on the venue of the trial to allow for logistical arrangements and the issuance of jury notices.

The Court of Appeal dismissed the appeal against the change of venue, meaning that the trial will proceed in Napier. Reasons for this decision will be provided in a subsequent judgment, which will also address the admissibility issues. Consequently, Mr Foreman will face trial at Napier, starting on 7 April 2008 or on another date as directed by the High Court.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established