R v Sullivan [2014] NZHC 489 (17 March 2014)

Last Updated: 25 July 2014

IN THE HIGH COURT OF NEW ZEALAND TIMARU REGISTRY

CRI 2011-076-1948 [2014] NZHC 489

THE QUEEN

v

EDWARD ORAL SULLIVAN, ROBERT ALEXANDER WHITE and LACHIE JOHN McLEOD

Hearing:	12, 13 and 17 March 2014
Counsel:	C Carruthers QC, N Flanagan and P Gardyne for Crown P H B Hall QC, M Corlett and K H Cook for Mr Sullivan R B Squire QC for Mr White J H M Eaton QC for Mr McLeod
Judgment:	17 March 2014

_{(ORAL) JUDGMENT (NO. 5) OF HEATH J}

Solicitors:

Serious Fraud Office, PO Box 7124, Wellesley Street, Auckland

Meredith Connell, PO Box 2213, Auckland

Gresson Dorman & Co, PO Box 244, Timaru

Rhodes & Co, PO Box 13444, Armagh, Christchurch

Duncan Cotterill, PO Box 5, Christchurch

Counsel:

C Carruthers QC, PO Box 305, Wellington 6140

P H B Hall QC, PO Box 3750, Christchurch

R B Squire QC, PO Box 10157, Wellington

J H M Eaton QC, PO Box 13868, Armagh, Christchurch

_{M Corlett, PO Box 4338, Shortland Street, Auckland}

R v SULLIVAN and ORS [2014] NZHC 489 [17 March 2014]

[1] Last week, the three accused raised a question about whether I should disqualify myself from hearing this trial on grounds of apparent bias.

[2] On 12 March 2014, the first day of the trial, I ruled that I would not recuse myself on the information then available. I left open the possibility for the accused to apply formally after the Crown had opened its case. I did that to provide an opportunity for evidence to be called and for full submissions to be made.

[3] At the conclusion of the Crown opening I was told that the accused elected to make a formal application. On 13 March, I gave directions for the exchange of evidence and indicated the hearing would take place this afternoon, 17 March 2014.

[4] I have heard from counsel on the formal application today. I am not persuaded that grounds justifying recusal on the grounds of apparent bias have been made out The application is dismissed.

[5] I will give full reasons in writing for this decision as soon as practicable.

_{[6] The trial will now continue.}

P R Heath J