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The
Christchurch Civic Creche Case |
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CA120/98 In the Court of Appeal of New Zealand Coram: Richardson P Hearing: 17 December 1998 Counsel: J M Ablett Kerr QC, G J King, and S K
Barr Judgement of the Court delivered by Henry J The background to this application for bail made under s397 of
the Crimes Act 1951 is set out in an earlier judgment of this Court of 9 June
1999, now reported as Ellis v R [1998] 3 NZLR 555. It need not be repeated.
The court there held that on a s406 referral the matters identified in the
reference in effect became the points on appeal. It also rejected Mr Ellis'
application for bail, and restated the principles relevant to that. Although Mr Ellis is now seeking to extend the terms of
reference to this court under s406, Mrs Ablett Kerr accepted that the
application must be considered on the basis of the reference as it now
stands. The present position is that although it had earlier been anticipated
that Mr Ellis would be in a position to prosecute this appeal to a hearing in
November, that has not eventuated. Mrs Ablett Kerr advises that further time
was, and still is, required before this stage is reached. The Court has been
in a position to allocate time for a hearing since as far back as August of
this year. Having regard to the time which has now lapsed, it was obviously
desirable to bring matters to finality. Accordingly, at the Court's
invitation, the parties conferred and have been able to reach agreement on
timetabling which will meet initially the needs of Mr Ellis and his advisers
to present the appeal, and then the consequential needs of the Crown to
respond. We record the details: 22 February 1999 Appellant to file and serve all evidential material 2 April 1999 Crown to file and serve all evidential material |
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