R v Celia Afioga [2016] NZDC 3871

Published 31 July 2016

Whether to declare witness hostile — prior inconsistent statement — Hannigan v R [2013] NZSC 41. The Judge determined there was no basis for an application to declare the witness hostile following prior inconsistent statement. Four years had passed since the event, which naturally raised issues of memory and reliability. However, in light of Hannigan it was appropriate to raise the inconsistency with the witness as it would be helpful for the jury to have the discrepancy explained. **Note: names have been changed to comply with legal requirements.