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R v Stewart [2018] NZDC 1814

Published 23 November 2018

Three complainants — application for severance. The defendant faced trial in respect of three complainants, his step-daughter and her two children, for alleged sexual offending. The court had previously ruled that there be one trial for all three complainants. The trial was then aborted, following procedural difficulties relating to the cross examination of the children about their mother's sexual activities. The defendant sought to have the trial severed. In the event that the trial was not severed, the Crown remained opposed to the cross examination of the two complainants. The court found that the trial should be severed, with one trial relating to the step-daughter and another for the two children. It was in the interests of justice that the defendant be able to cross examine the children about their mother's activities. The court ordered severance of the mother's trial from that of her children. Judgment Date: 5 February 2018. * * * Note: names have been changed to comply with legal requirements. * * *