17 Apr 2019
TANGIORA v R [2019] NZCA 115
- Citation
- [2019] NZCA 115
- Court
- Court of Appeal
The trial judge correctly admitted the contemporaneous signed statements of hostile witnesses because they had high probative value and adequate indicia of reliability (independent near-contemporaneous accounts, signatures acknowledging use in court and offence to lie, and corroboration by the defendant's statements and text messages). The inability to cross-examine went to the weight the jury should give the evidence, not to admissibility; the risk of unfair prejudice was not sufficient to exclude under s 8 given proper judicial directions. There was no miscarriage of justice; appeal dismiss…