Four decades after one of New Zealand's most controversial murder investigations, the High Court is again examining whether crucial witness evidence was withheld from the original trial. The proceedings revisit one of the country's most significant miscarriages of justice.
Original Article: RNZ — Arthur Easton murder: Ethnicity of suspect debated in High Court by Matthew Theunissen. HERE
Witness stands by account
The High Court in Auckland has heard from Ronald Turner, who says he remains convinced the man he saw running from the vicinity of Arthur Easton's Papakura home on the night of the 1985 murder was Māori.
His evidence forms a central part of the prosecution case against two former senior police officers, who are charged with wilfully attempting to obstruct, prevent, pervert or defeat the course of justice. Both men have interim name suppression and have pleaded not guilty.
Conviction back under scrutiny
The ethnicity of the man seen fleeing the scene has become a key issue because Alan Hall, who was convicted of Arthur Easton's murder in 1986, is Pākehā.
Hall spent 17 years in prison before the Supreme Court quashed his conviction, finding that a substantial miscarriage of justice had occurred. The current trial is examining whether important evidence that may have assisted Hall's defence was withheld during the original prosecution.
Evidence allegedly omitted
Turner told the court he initially described the fleeing man to police as "definitely dark skinned" and not white.
Several months later he provided another statement saying he was "100 percent sure" the person he saw was Māori. However, he later discovered references to ethnicity had been omitted from the affidavit prepared for the original trial.
He told the court he was surprised by the omission after police had questioned him extensively about that very issue.
During cross-examination, Turner acknowledged that part of his conclusion was based on his impression of the man's appearance and mannerisms, but maintained he still believed the person was Māori.
Second witness supports account
Turner's former wife, Linda Burrows, also gave evidence.
She told the court she now believes she was the person who first noticed the man running from the area on the night of the murder.
Burrows said her first impression was that the individual was Māori, although she accepted the man was wearing a balaclava and hoodie, making a clear identification difficult.
Disclosure obligations questioned
The court also heard evidence from former High Court Judge Justice Kit Toogood KC.
Justice Toogood said that even if police believed witness evidence was unreliable, they were still required to disclose it to the defence.
He told the court that questions about reliability should ultimately have been decided by a jury, not investigators or prosecutors. In his opinion, Turner's description of the fleeing man's ethnicity was clearly material to the original trial.
Trial continues
Alan Hall has attended the proceedings throughout the trial.
The judge-alone hearing before Justice Gault is expected to continue into next week as further evidence is heard concerning the original police investigation and prosecution.
Does This Affect New Zealand?
The case reaches well beyond the murder of Arthur Easton.
At its core are questions about police disclosure obligations, prosecutorial fairness and public confidence in New Zealand's justice system. Modern criminal procedure requires investigators to disclose evidence that may assist either the prosecution or the defence, allowing courts—not police—to determine its significance.
The proceedings also revisit one of several historic wrongful conviction cases that have shaped New Zealand's justice system. Cases including Arthur Allan Thomas, David Dougherty, Teina Pora and Alan Hall have all prompted reforms aimed at improving investigative standards, disclosure practices and safeguards designed to reduce the risk of future miscarriages of justice.
Source
Original Report: RNZ — Arthur Easton murder: Ethnicity of suspect debated in High Court by Matthew Theunissen.