25 Mar 2021
FOSTER v R [2021] NZCA 90
- Citation
- [2021] NZCA 90
- Court
- Court of Appeal
Although two discrete rulings were erroneous (prohibiting cross‑examination about a specific post‑incident remark and limiting cross‑examination on a job‑sheet passage), when assessed against the whole trial record the errors did not create a real risk of a different verdict nor render the trial unfair; statutory bars on defendant hearsay (s21 Evidence Act) and the high threshold for admitting evidence of complainant sexual experience (s44 Evidence Act) were correctly applied; other challenged matters (DNA witness intervention, CCTV/screen decisions, prosecutorial language, evidence of callin…