Nelson case declared a mistrial

Press, 5 October 1984, Page 8

Nelson case declared a mistrial

Nelson reporter

An “improper communication” to a Crown witness involved in an attempted murder trial at Nelson has resulted in Mr Justice Ongley declaring a mistrial and discharging the jury. The High Court trial of Dennis John Daily, aged 33, a mechanical engineer, and Michael William Crump, aged 22, a labourer, was to have entered its fourth day yesterday with only one Crown witness still to be heard.

Both men were charged with the attempted murder at Rockville, near Collingwood, of Verrai Huia Nga Weke-Tuhimata, on December 3 last year. Alternatively they were charged with assaulting Mr Weke-Tuhimata with intent to cause him grievous bodily harm.

During the adjournment on Wednesday afternoon, counsel conferred in chambers with his Honour and at 5.30 p.m. the sitting was resumed and the jury discharged. His Honour then issued a statement to the news media as follows:—

"Information indicating that an improper communication had been made to a Crown witness makes it appear that there is a risk of a miscarriage of justice resulting should the trial be continued. The jury has been discharged and a new trial ordered.” '

Crump, who has been in custody since his arrest on December 3 last year, was again refused bail and was again remanded in custody. Daily was allowed bail of $5OOO with a surety of $5OOO and with strict conditions. He must report three times a week to the police at Takaka (he lives at Puponga, some 40 kilometres from Takaka), he must continue to reside at Puponga and is not to leave Golden Bay without police approval, he is not to communicate with the complainant or any other Crown witness, and he must surrender his passport The Justice Department in Nelson said yesterday that no new trial date has been set.

The next High Court session in Nelson is set for November.