Published 23 August 2023
Pretrial — veracity evidence — Evidence Act 2006, ss 6, 8 & 37 — G v R [2018] NZCA 584 — Hiriaki v R [2013] NZCA 419 — Key v R [2010] NZCA 115 — R v Alletson [2009] NZCA 205. The defendant was facing charges of sexual assault and obstructing the course of justice. At trial, one of the prosecution witnesses gave evidence that the defendant had given him a "hard time", and that he the witness had put the defendant "in his place". The witness also testified that he had been in the defendant's house when a sexual assault had occurred, and had witnessed the aftermath. The defendant sought to introduce evidence to challenge the witness's veracity. The evidence in question was that the witness had made untrue boasts about his work history and personal attributes. The Court found that the alleged untruths by the witness did not suggest that he would make false allegations. His evidence was of high probative value. Also, the defendant accepted most of what the witness said about the second incident. The Court found the proposed veracity evidence inadmissible. However the Court did allow the defendant to lead evidence on an alleged employment dispute between the witness and the defendant. Judgment Date: 17 April 2019.
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