Youth Court Decisions How to Use Full list of key titles CYPFA section Date

Police v VM & CC (17 June 2005) YC, Rotorua, CRI 2005-263-74; CRI-2005-263-71, Judge Hikaka DCJ

Name: Police v VM & CC
Unreported:
File number: CRI 2005-263-74; CRI-2005-263-71
Court: Youth Court
Location: Rotorua
Date: 17 June 2005
Judge: Hikaka DCJ
Charge: Injuring with Intent to Injure
CYPFA:
Key title: Evidence

Summary: VM (15) and CC (16) jointly charged with injuring with intent to injure; Police applied for (1) a support person, where relevant, for the witnesses, (2) exclusion of two people who were in Court as supporters of the defendants and (3) a screen for the witnesses while they were giving evidence. Reasons advanced by Police included that the defendants were gang associates, the offence involved serious violence and there had been intimidation of witnesses. Youth Advocates argued, as to (2) and (3) above, that intimidating behaviour allegations based on hearsay and without sufficient foundation. Judge adjourned proceedings, released defendants on bail and made directions that screens should be provided for all witnesses, that support persons may be in Court on behalf of any witness while that witness gives evidence and that the two people in question should be excluded from the Courtroom. Judge satisfied that the Court has the inherent power to regulate its own processes and ensure fairness of trial procedures. The evidence before the Court was that there was intimidating behaviour and the screens were authorised as a consequence. In order to properly administer justice and ensure that all the evidence can be properly put before the Court, witnesses are to be entitled to be protected from threats or other such behaviour that might divert them from doing their public duty and giving evidence.