Application to make prosecution adduce defendant's police interview — indecent assault — Criminal Procedure Act 2011, s 113 — Evidence Act 2006, s 21 — R v King [2009] NZDC 607 — Rapana v R [2015] NZHC 2286. The defendant sought an order requiring the prosecution to adduce the defendant's police interview as part of the prosecution case, as per s 113(3) of the Criminal Procedure Act. The defendant, a hospital nurse, allegedly twice indecently assaulted a patient who was recovering from a medical procedure. The Judge laid out the law underpinning s 113 and the central issue at hand; whether the defendant, in his police interview, made admissions of fact that were capable of adding some degree of weight to the prosecution case on an issue which is relevant to guilt. Upon reviewing the interview transcript, the Judge found that it was entirely exculpatory and therefore it would not be unfair for the prosecution to not lead evidence of the defendant's statement at his trial. However, the Judge did provide that as a matter of fairness the defendant may refer to a short part of the interview relating to the defendant speaking to his colleagues about the patient, but how far that inquiry would extend would be a matter for the trial Judge. Judgment Date: 16 April 2018.