R v Johnson

IN THE HIGH COURT OF NEW ZEALAND PALMERSTON NORTH REGISTRY

I TE KŌTI MATUA O AOTEAROA TE PAPAIOEA ROHE

CRI-2017-054-000850

CRI-2017-054-2016 [2023] NZHC 476

THE KING

v

JOSEPH WILLIAM JOHNSON CHEA BRATTLE-HEMARA HAENA

Hearing: 9 March 2023 (further material provided 10 March 2023)

Appearances:

C Stevenson for Johnson E Hall for Hemara

S Baker for Crown

Judgment:

10 March 2023

RESULTS JUDGMENT OF ELLIS J

[1] Counsel for Messrs Johnson and Hemara have applied for disclosure/discovery in the context of their applications under s 364 of the Criminal Procedure Act 2011 for costs. The costs applications arise out of events before, during and after their clients’ trial for murder in 2019. The murder charges were ultimately dismissed.

[2] The costs applications are scheduled to be heard on Monday 20 March (three days presently being allocated). As I indicated to counsel at the hearing yesterday, the need to give all counsel adequate notice of the outcome of the present (disclosure) application so that the fixture can be retained makes it necessary to deliver a results judgment today.

R v JOHNSON & ANOR [2023] NZHC 476 [10 March 2023]

Result

[3] The result is that the applications are declined. I will give reasons in my judgment on the substantive costs application, in due course.

Next steps

[4] Mr Stevenson and Ms Hall are to advise Mr Baker and the Court whether, in light of this result, they wish to pursue the matter of cross-examination so I can rule on that promptly, if necessary. Once that issue is resolved counsel should confer and provide a revised time estimate (if any) for the costs hearing.

[5] I would be greatly assisted if Mr Stevenson and Ms Hall will be in a position to file submissions in support of their applications by close of play on Wednesday (15 March) and Mr Baker will respond by close of play Friday (17 March).

Rebecca Ellis J

Solicitors: Crown Law

CaseChat Overview and Summary

In the High Court of New Zealand, Judge Ellis presided over the case of R v Johnson, which involved Joseph William Johnson and Chea Brattle-Hemara. The case was a result of applications for disclosure/discovery and subsequent applications for costs under section 364 of the Criminal Procedure Act 2011. These applications stemmed from the events before, during, and after the 2019 trial of the defendants for murder, which ultimately resulted in the dismissal of the murder charges. The hearing took place on 9 March 2023, with further material provided on 10 March 2023. Counsel for the defendants, C Stevenson for Johnson and E Hall for Hemara, applied for the disclosure/discovery, while S Baker represented the Crown.

The central legal issues before the court were whether the defendants were entitled to the disclosure/discovery of certain materials and whether they were entitled to costs under section 364 of the Criminal Procedure Act 2011. The court had to determine the admissibility of the requested materials and assess the merits of the costs applications. The court also needed to balance the need for adequate notice to all counsel to maintain the fixture for the substantive costs application hearing, scheduled for 20 March 2023.

Judge Ellis declined the applications for disclosure/discovery, deciding that they were not warranted. The judge provided reasons for the decision in the substantive costs application judgment, which would be delivered at a later date. The judge instructed counsel for the defendants to advise the Crown Law and the court whether they wished to pursue the matter of cross-examination, so that a prompt ruling could be made if necessary. Counsel were also instructed to confer and provide a revised time estimate for the costs hearing if any changes were required. Furthermore, the judge requested that submissions in support of the applications be filed by close of play on 15 March 2023, with a response from the Crown by close of play on 17 March 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established