Secrecy issues end robbery trial
Secrecy issues have apparently forced the Crown to drop a robbery prosecution against the man who was the victim in the Mongrel Mob kidnapping and bashing trial in Christchurch last month.
The robbery trial of Dawson Reihana, 35, was halted in the Christchurch District Court without any evidence being called after a pre-trial ruling by Judge Alistair Garland.
Reihana was discharged under section 147 of the Criminal Procedures Act and was free to leave the Court House.
He had been charged jointly with a woman of robbing another woman of $350 at Christchurch on December 8.
He had denied the charge as the trial began on Monday, when the jury was chosen. But the judge explained to the jury then that there were legal issues that had to be argued before the trial was able to go ahead and sent the jury away until 10am today.
All of Monday was then spent arguing the legal issues raised by defence counsel Nick Rout and Miranda Rout in closed court and Judge Garland gave his decision this morning.
He said the defence had “sought further and better disclosure of text message information that was in the possession of the Crown”.
He said he had examined that material himself, in the absence of Reihana and his defence counsel.
“I have reached the conclusion that it was necessary for the Crown to disclose that information to the defence in order to achieve a fair trial,” he said.
Crown prosecutor Chris Lange had accepted the ruling, but had told the court that the Crown was not in a position to disclose the information and invited the court to stay the proceedings.
The court then adjourned overnight for counsel to consider whether the court should stay proceedings or issue a discharge.
Mr Lange then put before the court the decision of the High Court referring to the legislative provisions in relation to the disclosure of undercover agents’ identities. This referred to bringing matters to an end by way of a section 147 discharge, and that conclusion was support by Mr Rout for Reihana.
Judge Garland said: “In the circumstances the proper course is to discharge Mr Reihana under section 147 on the basis that without this material being disclosed, he would be unable to receive a fair trial.”
The jury was then brought in to court and told that Reihana had been discharged after his ruling on legal issues, and they would not be required to hear any evidence.
Reihana is a member of the Mongrel Mob’s Notorious chapter, who was kidnapped and savagely bashed by a group of members of the Mob’s Aotearoa chapter in August 2015. He was bound and beaten with hammers, and knuckledusters, punched and stomped at addresses in Ajax Street, Shirley, and in Bowenvale Avenue, Cashmere.
He eventually got to a cellphone left charging after his “guard” apparently fell asleep, and was able to call the police.
Reihana, so badly beaten around the face that he could hardly see, then got free and made his way out of the Bowenvale house where the police were putting a cordon into place after his 111 call.
Nine men eventually pleaded guilty or were convicted by the jury of kidnapping or bashing him, and they face sentencing at two court sessions later this week.
The woman jointly charged with Reihana over the robbery allegation in December, pleaded guilty and is awaiting sentencing in the District Court.
Category: News
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