New Zealand Police v Allen [2018] NZDC 20361

Published 12 July 2019

Application for stay of proceedings — application for disclosure of documents — Wilson v R [2015] NZSC 189. The defendant was accused of using her position as payroll clerk to fraudulently inflate her salary and make unauthorised overtime payments to herself. Her defence was that in fact her employers had authorised her salary increase and her overtime payments; her employers had documented proof of these authorisations, but had either destroyed the documents or refused to disclose them to the defence. The defendant applied for a stay of proceedings on the grounds that her employers had deliberately delayed the proceedings and then falsely denied that they possessed the documents. The Court found that at this advanced state of proceedings, all the documents that were going to be disclosed already had been, and there was no point in pursuing disclosure any further. It was now up to a trier of fact to determine whether the prosecution could prove its case. Judgment Date: 1 October 2018. * * * Note: names have been changed to comply with legal requirements. * * *