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News (Media Awareness Project) - New Zealand: Lawyers Reject Police Request In Drugs Case
Title:New Zealand: Lawyers Reject Police Request In Drugs Case
Published On:2003-12-13
Source:Press, The (New Zealand)
Fetched On:2008-01-19 03:24:32
LAWYERS REJECT POLICE REQUEST IN DRUGS CASE

A police attempt to streamline procedures in a high-profile drugs case has
been called an inconvenient, cost-cutting move by defence lawyers.

Police processing documents for disclosure in the Operation Crusade case,
which alleges a conspiracy to make methamphetamine, had put all the
documents on to CD-roms, which were then forwarded to counsel.

At a Christchurch District Court pre-trial conference yesterday, lawyers
criticised the method, saying it was difficult to find documents on the
CDs, and some had been edited or left out anyway.

But Crown prosecutor Jane Farish said it was easier to use the discs and
computer system, given the amount of paper involved in the case.

Rupert Glover, who represents several of the 30 accused, told Judge David
Holderness all defendants were entitled to have disclosure acceptable to
them, in a readily accessible form.

If they did not have proper disclosure, it was impossible to prepare an
adequate defence, he said.

Mr Glover argued that police had used the method to escape photocopying
charges and the cost of the time incurred. Also, some documents had been
significantly edited and some suppressed.

He referred to one lawyer spending an hour trying to find documents
relevant to his client on the first CD-rom, which turned out to be a waste
of time.

In any case, hard copy would have to be produced for the depositions
hearing, Mr Glover said.

Lawyer David Bunce said the three discs received so far contained 6000
documents, and the cost of retrieving and printing came to $970.
Photocopying them would be much cheaper.

Lawyer Tony Greig said it would be a dangerous precedent to pass such costs
on to the accused. Also, all the defendants faced charges of conspiring
with each other, which required full disclosure accessible to all, he said.

Ms Farish said it appeared the judge did not have jurisdiction in the matter.

There were 19 counsel involved, and a total of four CD-roms.

Police had now produced an index and were happy to help with document
searches, she said.

The hard copy for the trial already ran to more than 20 folders, and it was
easier to use the computer system, she said.

Judge Holderness said even if he accepted jurisdiction, he would have
reserved his decision.

He called for written submissions on the matters, pending a later ruling.

All the accused were remanded without plea to appear at a depositions
hearing in mid-February
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