R v Hughes [2017] NZDC 25670

Published 12 July 2018

Pre-trial ruling — failure of witness to appear — warrant to arrest witness — whether proper service of summons — ruling. The lead crown witness, the first complainant, failed to appear despite having been served a summons to appear. The court was asked to issue a warrant for his arrest. The complainant had been warned that if he did not appear in court a warrant would be issued for his arrest, however, when an officer checked on the complainant the day before the trial was set to begin, they found that the complainant had left his address with all of his belongings and was reported to have left the city. The court found that, as a summons had been properly served and the complainant had deliberately chosen not to attend, the trial should be adjourned and a warrant issued for the witness' arrest. Judgment Date: 14 November 2017.