N.Z. man awarded costs

Press, 9 June 1982, Page 14

N.Z. man awarded costs

PA Wellington The Court of Appeal has awarded costs to a New Zealand man after his discharge in the Rarotongan High Court on a charge of rape. The Court allowed an appeal by lan Nicholson Rhodes and ordered the prosecution to pay towards the costs of the defence and his out-of-pocket expenses amounting to ?1453, together with $750 as a contribution towards his counsel’s and solicitors’ fees.

Delivering the judgment, Mr Justice Cooke said the Court emphasised that the award was certainly no precedent for ordinary criminal cases in the Cook Islands where acquittals might occur. Every case' had to be judged on its own facts in the light of applicable principles. His Honour said the trial began before the Chief Justice and a jury on June 29, 1981. Mr D. S. Morris, of Auckland, led for the prosecution and Mr M. A. Bungay, of Wellington, for the defence.

The case against Rhodes was so undermined that on the second day of the trial the Chief Justice understandably . withdrew it from the jury and discharged Rhodes. An injuring charge was later withdrawn also. The application for costs was dismissed on the same day on the grounds that the prosecution acted in good faith, that the charge had been properly laid on the evidence then available and property investigated, and that the evidence had been broken down as a result of probing at the hearing.