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R v Hemara [2018] NZDC 5373

Published 16 May 2019

Application for non-party disclosure — unlawful sexual connection — indecent assault — allegations of sexual offending by other people — H v R [2017] NZCA 494 — Criminal Disclosure Act 2008, s 27. The defendant faced charges of indecent assault. In this pretrial matter the defendant sought disclosure of any records held by Oranga Tamariki relating to allegations of sexual abuse by the complainant against people other than the defendant. The Crown opposed the application, arguing that allegations against others were irrelevant. However the Crown submitted that the defendant was entitled to any Oranga Tamariki files relating to the complainant's allegations against him. Oranga Tamariki urged caution in ordering disclosure of files, given the files contain highly sensitive information. The Court found that any allegations against others were not relevant and the defendant's application in this regard was a fishing expedition. However the Court agreed that documents relating to the specific allegations against the defendant were relevant and ordered that various documents be disclosed to the defendant. Judgment Date: 4 April 2018.