1 May 2018
AWATERE v R [2018] NZHC 883
- Citation
- [2018] NZHC 883
- Court
- High Court
The complainant's prior signed police statement was inadmissible hearsay because she was not a 'witness' able to be cross-examined under the Evidence Act and the trial judge made no express finding that she was 'unavailable' or that necessity under s18(1)(b) was satisfied; admission of the statement affected the fairness of the trial and materially affected the outcome, therefore the appeal was allowed and convictions could not stand.