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New Zealand Police v Loomer [2019] NZDC 1188

Published 30 August 2019

Assault — hostile witness — Evidence Act 2006, s 94 — Crimes Act 1961, s 193. The defendant faced a charge of assaulting his partner (the complainant). The complainant gave evidence in Court that she had lied to the police and that the defendant had not in fact assaulted her. The Court granted an application by the prosecution to have the complainant declared a hostile witness, and she was then cross-examined by both the prosecution and the defendant. The Court found that the complainant's evidence was not credible and that her original statement to the police was the truth. The Court found the defendant guilty. Judgment Date: 24 January 2019. * * * Note: names have been changed to comply with legal requirements. * * *