P v Police HC Napier CRI 2009-441-45 [2009] NZHC 2470 (15 December 2009)

Last Updated: 15 February 2016

This case has been anonymized

IN THE HIGH COURT OF NEW ZEALAND NAPIER REGISTRY

_{CRI 2009-441-045}

BETWEEN P

Appellant

AND NEW ZEALAND POLICE Respondent

Hearing: 15 December 2009

Counsel: E J Forster for Appellant

R J Collins for Respondent

Date: 15 December 2009

_{JUDGMENT OF WILD J}

[1] This is an appeal against the refusal of bail by the District Court on 4

December.

[2] At the outset of the hearing this morning, Mr Collins indicated that he had agreed, with Mr Forster, on bail conditions, should I be minded to grant Mr P bail. Elaborating, Mr Collins explained that the agreed bail conditions overcame the Judge’s concerns as to the risk of interference with Crown witnesses, and to a lesser extent the risk of Mr P offending if granted bail. Mr Collins emphasised that the witness interference risk was a very real concern of the Police, but the agreed bail conditions required Mr P to live well away, and to stay well away, from the place where the witnesses lived.

[3] Before allowing this appeal, and allowing Mr P bail, I wish to record that I share the Judge’s concern that there is a very real risk of interference with

P V NEW ZEALAND POLICE HC NAP CRI 2009-441-045 15 December 2009

Crown witnesses – a risk of standing over them, to dissuade them from giving evidence – if Mr P was bailed to any address in or near Flaxmere.

[4] In the circumstances, the appeal is allowed. Mr P is granted bail on the following conditions:

a) He is to reside at 2 Holt Place, Waipukerau.

b) He is not to be absent from that address between 5pm and 7am.

c) He is to present himself at the door within three minutes of being so requested by the Police.

d) He is not to travel north of Waipawa except to attend Court and is to return directly to Waipukerau immediately after any Court appearance.

e) He is not to enter the suburb of Flaxmere.

f) He is not to contact or communicate or attempt to contact or communicate directly or indirectly with any prosecution witness.

[5] Mr P ’s next Court appearance is on Tuesday, 22 December. He is to be at the Hastings Court by 9 am on that day, ready to appear.

Solicitors:

Crown Solicitor, Napier for the Respondent