Trial aborted after comments published
PA Auckland Comments by Auckland’s Assistant Commissioner of Police (Mr E. J. Trappitt) about evidence in a Supreme Court case have resulted in the trial’s being aborted. His remarks were published in the “New Zealand Herald" on Thursdav, the fourth day of the trial 'of a Milford company director facing drug charges. The published remarks were described as "highly prejudicial” to the accused, his counsel, Mr A. Satyanam, told Mr Justice Thorp, adding that the comments were improper, and claiming a mistrial.
His Honour granted the application, saying that comments concerning the evidence in a trial should not be published during the trial because the whole matter was sub judice.
“It is entirely improper for any person, particularly a senior police officer, to express, for publication, any opinion whatever on matters involving a criminal trial.”
The article w'as clearly relevant to issues in the trial and anyone reading it could be affected in his judgment on those matters, his Honour said.
“It is regrettable in the extreme that the time already spent on this trial should be wasted, particularly because of the long list of cases awaiting trial.”
His Honour said it would be precipitate to attribute responsibility but steps would be taken to ascertain who was responsible for the published comments. The Crown Prosecutor (Mr E. R. Winkel) said he did not oppose the application, but he had spoken to Mr Trappitt who had expressed regret that his remarks had been published. Mr Trappitt had said he was not familiar with the case and had not directed his attention to whether the trial was still in progress. j The accused, Robert Jonathon Kirk Bradley, aged 31, pleaded not guilty when the trial began on Monday to charges of offering to supply LSD and cannabis to an undercover constable. He also denied selling cannabis and threatening to kill the constable. His new trial will begin I on December 10. ( It is the second occasion ] in recent months that a Su- , preme Court trial has been aborted after published re- j ports were held by the judge • to be prejudicial to an ac-’ t cused person. I
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Press, 12 November 1979, Page 2
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361Trial aborted after comments published Press, 12 November 1979, Page 2
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