27 Nov 2009
RONGONUI V R SC 66/2009
- Citation
- RONGONUI V R SC 66/2009
- Court
- Supreme Court
The appeal was allowed and a retrial ordered because the Crown was permitted to lead a prosecution witness through a prior written statement without adequate compliance with s90(5) (freshness) and without a proper ruling on hostility or lawful exercise of discretion under s89, producing a prejudicial procedure amounting to a miscarriage of justice; although the complainant's contemporaneous statement to friends raised complex s35 issues, that point did not prevent allowing the appeal on the second ground.