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R v Condon [2018] NZDC 20464

Published 24 June 2019

Application to give evidence by video link — witness fears of intimidation — Evidence Act 2006, ss 102A, 103, 105 & 106 — Courts Remote Participation Act 2010, s 12 — Wealleans v R [2015] NZCA 353 — R v O [2012] NZCA 475. The defendant was charged, along with a co-offender, of conspiring to defeat the course of justice. The Crown intended to call the co-offender as a witness in the defendant's trial, and applied for him to be able to give evidence remotely via a video link. The co-offender was incarcerated in the Otago Corrections Facility, and the Crown argued that if he was transferred to Canterbury Prison in order to give evidence, his safety would be in danger from the defendant and associates of the defendant. The defendant argued that the co-offender should give evidence in Court, and that the Canterbury Prison could take measures to protect him. The Court found that the co-offender had genuine concerns for his safety. Safety concerns are recognised in the legislation as a reason to allow witnesses to give evidence in an alternative way. The Court ruled that the co-offender be allowed to give evidence via a video link.