2017 NZDC 16021 R v Hayes

Published 19 December 2017

Pre-trial application — order that complainant give evidence by AVL — audio-visual link — method of giving evidence — risk of intimidation — Evidence Act 2006, s 103. An application by prosecution for an order that the complainant give evidence by AVL. The complainant and the defendant were prisoners at the same prison. It was argued that there would be issues with the way that the defendant and the complainant would be transported to court: they would likely be transported in the same vehicle and they would both need to be housed in the same cells. Further, the only alternative to the complainant and defendant being in the same cells would be for the complainant to be housed in cells at a different court and this would have its own logistical problems and expenses. The prosecution also raised that these conditions created a significant risk of intimidation and stress on the complainant by the defendant. The court took into account the views of the complainant, trauma to the witness, his fear of intimidation, the nature of the evidence likely to be given and the relationship between the defendant and the complainant. The court found that the requirements of s 103 of the Evidence Act were satisfied, and orders were made that the complainant give evidence by AVL connection. Judgment Date: 21 July 2017.