Published 10 June 2019
Application for stay of proceedings — completeness of record of complainant's police interview — truthfulness of complainant — CT v R [2014] NZSC 155 [2015] 1 NZLR 465 — R v F(S) [2011] EWCA Crim 1844, [2011] 2 Cr App R 28. The defendant faced a single charge of rape, from an incident that occurred in 2005. He sought a stay of proceedings. The police had interviewed the complainant on the day of the alleged incident in 2005, but the records of the interview did not show whether the complainant had said anything either before the interview started or after it finished. The police officer who conducted the interview could no longer remember if the complainant had said anything else that was not in the records of the interview. In a police interview two days after the first, the complainant admitted that parts of her evidence from the original interview were untrue. The police officer said that if there had been anything of concern from the first interview he would have covered it in the second, in order to get a correct record of what the complainant was alleging. However, the Court observed that the complainant still could have made unrecorded remarks in the first interview that were not seen as relevant at the time of the second, but that could still have had a bearing on the trial. Therefore the defendant's right to a fair trial may have been in jeopardy. The Court found that there was no immediate cause to grant the stay; a stay could still be granted during the trial if the need arose. The Court decided to proceed with the trial. Judgment Date: 26 September 2018. * * * Note: names have been changed to comply with legal requirements. * * *
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