20 Oct 2023
R v JOHNSON & ANOR [2023] NZHC 2948
- Citation
- [2023] NZHC 2948
- Court
- High Court
The court found significant procedural failures by Police and the Crown prosecutor sufficient to justify costs under s 364 CPA: non-disclosure of a letter of assistance to Witness A and redactions that concealed material links between Witness A and another informant (Vaughan) endangered fair trial rights and required denunciation; the prosecutor's direction to omit his presence at a key meeting was improper; delay in providing raw telco data was a procedural failure but less significant. On balance these failures justified a costs award. The court exercised its s 364 discretion to award a tot…