Administrator of the Government
ORDER IN COUNCIL
At Wellington this 21st day of June 2004
Present:
MINISTER OF JUSTICE IN COUNCIL
Pursuant to section 406 (a) of the Crimes Act 1961,
Dame Sian Elias, Administrator of the Government:
(a) acting on the advice and with the consent of the Executive Council; and
(b) in the light of the background, and for the reason, stated in the Schedule,
refers to the Court of Appeal the question of the conviction of Rex Haig for murder entered in the High Court at Invercargill on 9 November 1995.
Schedule
Background
1. Convictions and appeal-(1) On 9 November 1995, Rex Haig (the applicant) was convicted in the High Court at Invercargill of the murder of Mark Thomas Roderique.
(2) On 24 July 1996, the Court of Appeal dismissed an appeal by the applicant against his conviction.
2. Application for exercise of mercy-(1) On
22 September 1999, the applicant made an application:
(a) for the exercise of the mercy of the Crown in respect of the conviction referred to in clause 1; and
(b) in particular, for the exercise of the power of the Governor-General in Council under section 406 (a) of the Crimes Act 1961 to refer the question of the conviction to the Court of Appeal (the power of reference).
(2) The grounds advanced in the application included:
(a) that:
(i) there was evidence relating to the case, not available at the trial of the applicant, to the effect that David Neil Hogan made to a number of people (both before and after the trial) statements admitting involvement in the death of Mark Thomas Roderique; and
(ii) David Neil Hogan gave evidence for the Crown at the trial, and had been granted immunity from prosecution before doing so; and
(iii) the statements referred to in subparagraph (i) were inconsistent with evidence David Neil Hogan gave at the trial; and
(b) that:
(i) Bryan Rowe had undertaken an investigation involving re-examining evidence given at the trial and examining matters arising in the statements referred to in paragraph (a) (i); and
(ii) the results of the investigation suggested that there was a real risk that the conviction was a miscarriage of justice.
(3) On or about 16 February 2001, the application was declined on the advice of the Minister of Justice.
(4) The Minister of Justice gave that advice after considering the advice of the Secretary for Justice that the material advanced in support of the application did not warrant recommending the exercise of the power of reference.