15 Dec 2017
RETI v R [2017] NZCA 602
- Citation
- [2017] NZCA 602
- Court
- Court of Appeal
The appeal is dismissed because the missing taxi camera footage did not create a miscarriage of justice—the gap was apparent at trial, its contents unknown and juries must not be invited to speculate—and because the contemporaneous text messages were properly admissible under s35 as prior consistent statements capable of rebutting an affirmative claim of recent invention without creating unfairness.