6 Oct 2016
BARCLAY BISHOP v THE QUEEN [2016] NZHC 2548
- Citation
- [2016] NZHC 2548
- Court
- High Court
The in-cell statement was improperly obtained without required caution and advice in breach of NZBORA and DM69 and should have been excluded under Evidence Act s30 (and was doubtful under s28 for reliability); the post-incident urinalysis results of the six third‑party soldiers were obtained and certified in breach of mandatory DFO 3 and AS/NZS standards and could not lawfully be used to prove charges at Court Martial; judicial directions failed to fairly present defence issues and to warn on reliability, producing a real risk of miscarriage of justice — appeal allowed, convictions and senten…