Delmont v R [2012] NZCA 59 (2 March 2012)

Last Updated: 1 June 2017

IN THE COURT OF APPEAL OF NEW ZEALAND

CA677/2011 [2012] NZCA 59

BETWEEN PETER JOHN DELMONT Appellant

AND THE QUEEN Respondent

CA678/2011

AND BETWEEN SEMURANA FAIFUA Appellant

AND THE QUEEN Respondent

CA679/2011

AND BETWEEN JOHN HAFOKA PALAVI Appellant

AND THE QUEEN Respondent

Hearing: 1 March 2012

Court: Harrison, Priestley and Allan JJ

Counsel: W G C Templeton and M A Karam for Appellants M D Downs for Respondent

Judgment: 2 March 2012 at 3 pm

JUDGMENT OF THE COURT

A Leave to appeal is granted.
B The appeals are allowed.

REASONS OF THE COURT

(Given by Harrison J)

[1] Peter Delmont, Semurana Faifua and John Palavi have applied for leave to appeal against a pre-trial decision in the District Court at Manukau on 23 September 2011.^[1] Judge Callander ruled that statements made by each of the three men in interviews with customs officers in 2008 are admissible at their trials for offences under the Customs and Excise Act 1996.
[2] Counsel conferred at the conclusion of oral argument. As a result, Mr Downs advised that the Crown consented to the applications for leave to appeal and conceded that the substantive appeals should be allowed. By consent, counsel have agreed that:

• (a) a series of identified questions and answers within the interviews are inadmissible as a result of improper cross-examination; and
• (b) videotaped records of the interviews are not to be played at trial. Edited transcripts of the interviews will be produced instead in evidence.

[3] Counsel have tendered a schedule of the questions and answers to be excised from the evidential transcripts, identified by reference to page and line numbers. A signed copy of the original schedule has been placed on the Registry’s file.
[4] We wish to compliment counsel on their co-operation in resolving these appeals.
[5] The applications for leave are granted and the appeals are allowed.

Solicitors:
Crown Law Office, Wellington for Respondent

---

^[1] R v Delmont DC Manukau CRI-2010-092-7630, 23 September 2011.