30 Jul 2021
HILDIID v THE NEW ZEALAND POLICE [2021] NZHC 1965
- Citation
- [2021] NZHC 1965
- Court
- High Court
Leave to appeal out of time was granted because the fresh evidence (affidavit of eyewitness Ralph Yandall and scene investigation by John Lyde) satisfied the Lundy criteria and, taken with trial issues (interpreter problems, trial counsel omissions and ongoing dispute between parties), raised a real risk of miscarriage of justice; the applicant provided an adequate explanation for the delay (including steps to obtain evidence and COVID/ travel disruption) and the interests of justice favoured hearing the substantive appeal.