Twisted Prosecution Tests Court of Appeal

“Justice
will prevail” is a belief Vince Clayton clings fiercely to as his civil
claim against a bent NZ prosecutor was given new life by a Court of
Appeal judgment two weeks ago. Rather than relegation to the scrap heap
of shattered ideals which such beliefs routinely earn, Clayton may be
the first to successfully run the ‘old boy’ judicial gauntlet.
The Court of Appeal
judgment overturned High Court
Justice Priestley’s
strike out (on grounds it was hopeless) of Clayton’s misfeasance in
public office cause of action against Christchurch Crown Prosecutor
Philippa Currie (pictured). At the
same time, the CoA judgment dismissed Currie’s cross appeal for strike
out of Clayton’s remaining public law compensation claim against the NZ
Attorney General.
Clayton v Currie seeks financial damages against Ms Currie
and the Crown for concealing exculpatory evidence in the 2007 conviction
of Clayton and his partner Linda Westbury on 34 charges of receiving
stolen goods. The plaintiffs seek just over $2 million, including
$100,000 in personal assets the Police have never returned.
Mr Clayton served 14 months in prison in 2007 before the Court of
Appeal determined he and two co-defendants were victims of prosecutorial
misconduct by Currie. Specifically, Currie withheld evidence that the
Crown’s chief witness was given sentencing concessions for unrelated
criminal offending in exchange for his testimony. Currie not only
failed to disclose this inducement, she provided an assurance to the
defendants her written statement no such inducement was given was a
complete summary. In fact, Judge Radford had deferred sentencing of the
witness until after Clayton’s trial, recording the agreed intent
“of course significant discount (on sentence) for the matter which involves the Christchurch trial.”
The witness, for his part, stated repeatedly under cross-examination
his only incentive to testify was one of conscience. The court granted
the repeat offender name suppression to protect his reputation.
The Court of Appeal was delicate in its ruling, careful not to reveal
the extent of Currie’s deception which included court transcripts
proving Currie refused to divulge sentencing notes on her star witness
and failing to respond to trial Judge Crosbie’s declaration from the
bench that the prosecution owed the defendant such notes if they
possessed them. The judgment concluded only that Priestley J was wrong
to label the misfeasance case as hopeless, suggesting that determination
must be left to the trial judge.
The evidence leaves little doubt Ms Currie repeatedly deceived the
court and defendants in criminal prosecutions against at least five
defendants. Peter Machirus, Nadia Peletio and Gary Morrell are other
victims whose claim against Currie has been stalled in the High Court
awaiting this Court of Appeal judgment. Machirus has claimed the tort
of deceit and malicious prosecution against Ms Currie. Earlier,
Machirus had summons issued against Currie in a private prosecution but
the prosecution was thwarted when the Solicitor General used his
executive power to stay prosecution. In 2007, Machirus was labelled,
incorrectly as it now turns out, a burglary-ring ‘kingpin’ by Police in
their three year, multi-million dollar Operation Rhino.
Deregistered barrister Devina Murray is exploring obtaining
propensity evidence against Currie since her 2013 conviction for
smuggling contraband to a high security prisoner.
Ironically, it is this broad level of offending by Ms Currie which
now provides the greatest pressure on judges to cover it up.
Christchurch Crown Solicitor Brent Stanaway in the High Court and John
Pike QC at the Court of Appeal both claimed from the bar that sentencing
notes on the witness were available directly to the defendants and on
this basis alone the plaintiffs’ claim against Currie could not
succeed. When Clayton’s lawyer refused to call out Mr Pike’s false
claim the defendants had never asked Ms Currie for a copy, counsel and
client had a stern discussion, ending with them parting ways.
A week before the Court of Appeal judgment, the Canterbury Law
Society shocked observers in ordering Currie pay a $500 fine and $2,000
costs after its standards committee determined she had deceived the
court. The offence carried the potential of striking Currie off as a
lawyer.
Currie has refused to pay Clayton and Westbury the $8,000 costs
awarded by the Court of Appeal, saying she has yet to decide on any
appeal to the Supreme Court.