A High Court judge today dismissed an attempt by defence counsel to throw out a case against two former police officers accused of perverting the course of justice.
The two defendants, whose names are suppressed, are charged with withholding evidence in the trial of Alan Hall. Hall was convicted of the 1985 murder of Arthur Easton in the Auckland suburb of Papakura.
Alan Hall spent 19 years in jail. The Supreme Court quashed his conviction in 2022, finding a substantial miscarriage of justice. He was awarded just under $5 million, the highest compensation payout in New Zealand.
At a judge-alone trial in Auckland, the Crown has argued the two former officers deliberately omitted part of a description of a possible offender given by witness Ronald Turner.
In his initial statements, Turner described the man as Māori, but this description was not put before the jury in the original trial or at appeal. Alan Hall is Pākehā.
Today, defence lawyer David Jones KC argued there was insufficient evidence to prove the Crown case. He said that when Turner gave evidence last week he was not sure about the ethnicity of the person he saw near the scene.
The defence also argued there was insufficient evidence to show the two former officers knew about the original Turner statement not being disclosed.
Justice Ian Gault dismissed the application, and will release his reasons later.
The defence is expected to call its witnesses tomorrow. Summing up may take place at the end of the week.
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