KEY POINTS:
Calls are being made for more judges and staff in Auckland courts after a case against three Chinese students was halted because it took too long to bring them to trial.
Yang Hui, 24, Bo Peng, 24, and Wang Zhe, 23, were all charged with injuring with intent
to injure and kidnapping following an incident at Beach Rd in downtown Auckland on July 23, 2003.
But Judge Mary Sharp put a stay on proceedings in Auckland District Court last week after a further delay would have meant the earliest their case could be heard was the fourth anniversary of the alleged offence.
The case has been beleaguered by problems but it has prompted all parties involved to call for more judges and court staff to be hired to deal with cases in Auckland.
"This kind of stay on proceedings is very rare," said Wang's lawyer Leigh Langridge.
"But Auckland District Court is seriously lacking in judges and court staff and the concern is that unless that is addressed then this is going to become more common."
The policeman in charge of the initial investigation, Detective Richard Gillespie, said the accused trio had been negotiating to rent a property the complainant was buying but they were twice delayed after the complainant had difficulties securing finance for the property.
Mr Gillespie said discussions got heated between the complainant and the trio when they met on the night of July 22, and later they allegedly assaulted him and threw him down a flight of stairs, injuring him in several places.
"They had asked for $3000 from him in compensation but they put it up to $3500 because one of them said he hurt his hand while hitting him," Mr Gillespie said.
Ms Langridge and Yang's lawyer Rob Harrison said their clients were prepared to defend themselves vigorously and had a different view of what occurred .
Mr Harrison said the trio were arrested soon after the incident. A depositions hearing was first delayed in December 2003 due to ill health of the complainant before it was finally held in April 2004, setting a trial for July 2004. That trial was called off because no court was available.
Pre-trial arguments were heard in January 2005, with a decision made in March 2005. Another trial was set for October 2005 but two new witnesses were introduced, meaning it was adjourned.
A new trial set for October 2, 2006 but it was aborted when the Crown made comments when opening that were deemed prejudicial. Another attempt was made to start it the next day, but difficulty with jurors meant it couldn't be held that day either.
A further attempt was made on October 4, but it became clear the next day that the trial would not be completed in the allocated time.
January 15 this year was set as the next trial date but the complainant was unwell, and there were similar health issues when the latest attempt was made last week.
The parties were told the next possible date available was July 23, and then only as a stand-by trial, to be held only if another case fell over. It was at that time that Judge Sharp put a permanent stay on the case.
Mr Harrison said the delay had been difficult on all parties, including the three accused, who had been on bail.
"They were here on student visas which expired while they were waiting for the trial," he said.
"They were not allowed to leave the country but they were also not allowed to work during this period either, so they had to rely for a long time on money from China, and none of them came from particularly well-off families."
Mr Harrison said circumstances had conspired against the trial being held but the fact that there were delays of several months each time the case was adjourned showed how pressured Auckland District Court was.
"This is rare but it's not the first time something like this has happened to a case I've been connected to," he said.
"There is a need for more judges and for more court staff. It's a real problem."
Mr Gillespie said the case was cursed. "I have been in the force for 10 years and this is the absolute worst I have had. Almost everything that could have gone wrong has," he said.
"But the courts are under-resourced, there's no doubt about that."
- NZPA
