The Queen v Foreman [2008] NZCA 29 (25 February 2008)

Last Updated: 7 March 2008

IN THE COURT OF APPEAL OF NEW ZEALAND

CA516/07 [2008] NZCA 29THE 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

1. The appeal, insofar as it seeks a change of venue of the trial, is dismissed. Reasons will be delivered later.
2. All 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