Evidence by audio visual link — witness fearing intimidation — R v Christian [2016] NZHC 1568 — R v L High Court, Auckland, CRI-2009-404-2878, 21 March 2011 — Evidence Act 2006, s 103. The Crown applied under s 103 of the Evidence Act that one of its key witnesses be allowed to give her evidence by audio visual link from outside Gisborne, where the trial was being held. The Crown case was that the three defendants had committed an armed robbery of a store. The witness's car was seen near the store shortly after the robbery. The witness initially denied any knowledge of the robbery but several months later gave a statement implicating the defendants in the robbery. The witness then gave a further statement saying she was afraid of being the target of retaliation for appearing as a witness against the defendants, who she said were gang members. For this reason she did not want to attend the trial in Gisborne to give evidence. The Crown argued that the witness had a credible fear of intimidation, per s 103(3)(d) of the Evidence Act. She had already received threats. The Court pointed out that there is no presumption in favour of the ordinary way of giving evidence, and that the most important consideration is to ensure a fair trial. For this reason the witness's fears must be objective and capable of being substantiated. The defendants argued that the witness's fears were based on hearsay remarks, and also that it was important for the jury to be able to view the witness while she gave evidence. The Court found that the witness had received credible threats that were not just hearsay. She had an objective basis for being scared. The only way to minimise her stress at giving evidence was to allow her to give evidence by a video link. This would ensure the quality of the witness's evidence, which was of greater importance than the jury being able to see and hear her giving evidence in person. The Crown's application was granted. Judgment Date: 9 May 2018. * * * Note: names have been changed to comply with legal requirements. * * *