Application to give evidence in alternative mode — sexual offending — late filing — Evidence Act 2006, ss 103, 105 — R v O [2012] NZCA 475. The Crown filed two applications for the evidence of two witnesses to be given in an alternative way, specifically via closed circuit television outside the courtroom. The defendant appeared on a series of serious sexual offending charges relating to the first witness's children. That witness also alleged she was a victim of the defendant and would be giving propensity evidence as a complainant. The second witness is a relative of the first witness and was in a relationship with the defendant. The Crown filed the applications three days prior to the trial. The Judge considered whether the applications met the criteria laid out in s 103 of the Evidence Act and also the lateness of the applications. The Judge held that neither of the applications met the grounds for the alternate mode of evidence. Both of the witnesses were to give evidence in the ordinary way. Judgment Date: 20 March 2018. * * * Note: names have been changed to comply with legal requirements. * * *