20 Oct 2017
FITZGERALD v R [2017] NZCA 479
- Citation
- [2017] NZCA 479
- Court
- Court of Appeal
The Court refused leave to adduce the fresh affidavits because the alleged retraction evidence lacked credibility and would not affect the safety of the convictions; there was no established loss of exculpatory Facebook material that caused prejudice given existing messages were before the jury (including admissions that V2 had said she was lying); and trial counsel's conduct was professionally competent with sound tactical reasons for disclosure decisions and for not calling W1 and W2. Accordingly the convictions and sentence were upheld.