The Queen v Sotheran [2001] NZCA 68; (2001) 19 CRNZ 132 (4 April 2001)

Last Updated: 13 December 2011

IN THE COURT OF APPEAL OF NEW ZEALAND

CA446/00

THE QUEEN

V

GARRY NORMAN SOTHERAN

Hearing:	3 April 2001
Coram:	Elias CJ Richardson P Keith J Blanchard J Tipping J
Appearances:	J C Pike and B Vanderkolk for the Crown H B Rennie QC and B A Gibson for Mr Sotheran F M R Cooke for Transport Accident Investigation Commission
Judgment:	4 April 2001

JUDGMENT OF THE COURT

[1] The Solicitor-General applied for leave to appeal against a pretrial ruling that certain evidence was inadmissible at the trial of the respondent because of s14D(2) of the Transport Accident Investigation Commission Act 1990. For reasons to be given, the application is granted and the appeal is allowed. The evidence is not inadmissible for that reason.
[2] At the beginning of the hearing, at the request of counsel, the Court made an interim order prohibiting publication of the proceedings on the appeal. That order is now vacated. There is no restriction on reporting the appeal hearing, this decision or the forthcoming reasons. The High Court order relating to publication of its rulings is not affected by this decision.

Solicitors
R McCabe, Solicitor, Auckland for the respondent
Crown Law Office, Wellington