REID v R [2020] NZCA 331

REID v R [2020] NZCA 331 [6 August 2020]NOTE: PUBLICATION OF NAME ADDRESS, OCCUPATION ORIDENTIFYING PARTICULARS OF COMPLAINANTS PROHIBITED BYSS 203 AND 204 OF THE CRIMINAL PROCEDURE ACT 2011.IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA697/2017[2020] NZCA 331BETWEEN ALISTER JAMES REIDAppellantAND THE QUEENRespondentCourt: French, Woolford and Dunningham JJCounsel: J S Jefferson for AppellantF R J Sinclair for RespondentV McCall for Department of CorrectionsJudgment:(On the papers)6 August 2020 at 9 amJUDGMENT OF THE COURTA The application under s 24 of the Criminal Disclosure Act 2008 fora non-party disclosure hearing is granted.B The Registry is directed to allocate a hearing date for the non-partydisclosure hearing and serve the parties as set out in [4]–[5].C Any party wishing to file written submissions should do so no later thantwo working days before the hearing.____________________________________________________________________REASONS OF THE COURT(Given by Woolford J)[1] The appellant, Alister Reid, stood trial in July 2017 and was convicted, amongother charges, of the sexual violation of PK. The appellant believes that PK recantedhis evidence during a subsequent telephone conversation with a serving prisoner,Paul Chadwick, on 15 June 2018.[2] All telephone calls to and from serving prisoners are recorded. The appellanthas therefore made application under s 24(2) of the Criminal Disclosure Act 2008 fora non-party disclosure hearing involving the Department of Corrections.The appellant seeks a recording of the telephone conversation. The Department hasresponded in accordance with s 24(5). It has identified the call to which it believesthe application relates. It has retained a copy of the recording of the call and willprovide it to the Court and/or the parties in the event that the Court orders it to do so.The Department however takes no position as to its relevance to the appeal.[3] We now grant the application under s 25 of the Criminal Disclosure Act andorder a non-party disclosure hearing on the basis that we are satisfied thatthe information sought by the appellant is held by the Department and appears to berelevant. Although we have not seen a transcript of the call, Mr Chadwick hasprovided written advice to the appellant that PK admitted on the phone that the casewas fabricated and gave reasons why he had falsely testified in the appellant's trial.[4] We now direct the Registry to allocate a date for the non-party disclosurehearing and, not less than five working days before the hearing:(a) serve on the Department of Corrections:(i) a copy of the application;(ii) a summons under s 160 of the Criminal Procedure Act 2011;and(iii) a copy of the order made by the Court under s 25 of the CriminalDisclosure Act; and(b) serve the application on the Crown, PK and Mr Chadwick (the servingprisoner who had provided written advice to the appellant as above).[5] The summons referred to in [4(a)(ii)] above should require the attendance of arepresentative of the Department of Corrections at the Court of Appeal at a particulartime (namely, the time set down for the hearing) and require that representative tobring the digital recording and transcript of the telephone conversation between PKand Mr Chadwick on 15 June 2018 to the Court.[6] Any party wishing to file written submissions should do so no later thantwo working days before the hearing.Solicitors:Crown Law Office, Wellington for Respondent