Published 27 January 2023
Pretrial decision — proceeding in absence of defendant — failing to display QR code — COVID-19 Public Health Response Act 2020, s 26(1) — Criminal Procedure Act 2011, ss 118, 121 & 122 — COVID-19 Public Health Response (Alert Level Requirements) Order 2020 — WorkSafe New Zealand v Rupa [2022] NZDC 8966 — Kumar v R [2013] NZCA 77 — R v Jones [2003] 1 ACA 1 — R v Momi & Ors [2019] NZHC 2681. The defendant faced a charge of refusing to display a QR code in his cafe, in violation of COVID-19 public health regulations. He failed to appear at Court for the hearing, and the prosecutor applied for the matter to proceed in his absence. The defendant had failed to appear at an earlier hearing but the Court had declined to hear the matter without him, finding that to do so would be contrary to the interests of justice. However the defendant had subsequently been made aware of the Court's earlier decision and reasons, as well as the date of the current hearing. The Court therefore found that the defendant had no reasonable excuse for his non-attendance. The Court had already dismissed the defendant's challenge to its jurisdiction at the earlier hearing, and the matter had now been before the Court for some 18 months. The Court found that it was appropriate for the trial to proceed. Judgment Date: 19 July 2022.
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