1 Jul 2021
PETER HUGH MCGREGOR ELLIS v R [2021] NZSC 77
- Citation
- (2021) 29 CRNZ 749
- Court
- Supreme Court
The respondent's application to adduce the deponent's evidence is dismissed because the key allegation that the appellant was the perpetrator is insufficiently reliable or cogent given inconsistencies, long delay, potential memory error and the inability to put the allegation to the deceased appellant which raises unfairness and prejudice; the evidence would not materially assist the Court on the substantive grounds of appeal and should not be admitted de bene esse.