Judge Toogood, Scope of preliminary hearing, ‘freshness’

The Freshness is re evidence which was not available to the Appellant at the original Hearing.

Judge Toogood, Scope of preliminary hearing, ‘freshness’
Principles for admission of further evidence on appeal –
Para 6 : At the outset of the hearing of the application, I confirmed with counsel that they understood that the preliminary issue to be decided was the first of the three screens or controls for the exercise of the discretion in s 119(3) (freshness), and that the issues of credibility and cogency would need consideration in the context of the hearing of the substantive appeal only if I determined that the evidence could not have reasonably been adduced at trial. It was accepted also that my decision as to freshness could be reached on the basis of the affidavit evidence provided, and on the submissions of counsel.
Para 7 : It was agreed that, if I concluded that the evidence was fresh, the witness would be made available for cross-examination (if required) before the Judge hearing the substantive appeal who would then make a determination as to credibility and cogency in the context of the appeal as a whole.
Para 8 : Notwithstanding this understanding of the scope of the present inquiry, the submissions of counsel ranged more widely to cover the issue of whether the evidence, if admitted, was such that it might reasonably have led to the dismissal of the charges against the appellant. Counsel ably assisted me by referring me to relevant passages in the transcript of the evidence given in the District Court, and discussing issues related to pre-trial disclosure and other aspects of the conduct of the proceedings.
Judge Toogood, Scope of preliminary hearing, ‘freshness’
Note in conjunction with Judge Toogood’s preliminaries above …
Already it is looking as if the Counsel he’s referring to is Crown Law who on behalf of Maritime New Zealand are determined to prevent Julian Joy’s Reports being allowed at the Appeal about to be filed to rescind the dishonestly mislead Decision of Judge Davis.
Link for Seeing, Signing & Sharing Petition – http://maritimenz.com/AnnulConvictionGainedByAbuseOfCourtProcess

The “Freshness” Judge Toogood refers to is evidence which was not available
to the Appellant at the original Hearing.

 Judge Toogood, Scope of preliminary hearing, ‘freshness’

Judge Toogood, Scope of preliminary hearing, ‘freshness’

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