19 May 2015
Banks v R CA428/2014 [2015] NZCA 182
- Citation
- [2015] NZCA 182
- Court
- Court of Appeal
Withholding the Butler memorandum which recorded the principal witness admitting the Americans' account was true and that donations were not discussed at the 5 June lunch was a serious error of process that misled the Court; because no reasonable factfinder could now find the Crown's asserted 5 June account, ordering a retrial would give the Crown an unfair second chance to cure evidential deficiencies, therefore the appropriate remedy was to recall the earlier judgment cancelling the retrial and direct a verdict of acquittal.