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An application by the Crown prosecutor to admit hearsay evidence from defendants Christopher Denny, Charles Tuakana Katu and Tui Mantangaro Tupa, who face drug-related charges, was adjourned in the absence of defence lawyer Mark Short.
Yesterday, in the High Court, Judge Dame Judith Porter said the hearing would be postponed from Monday, August 15, because the prosecution had to amend the charge and clarify and correct it.
Lawyer Norman George, who represents accused Kattu and Tupa, will also submit his opposition to the prosecution’s application.
Judge Porter said George had tried to contact Danny’s defence lawyer, Short, but was unsuccessful because Short was still abroad at the time.
She said that on March 5 this year, Chief Justice Patrick Keane issued a memorandum on the application, requiring the defendants to file and serve any objections by May 10, 2024.
Justice Porter said no objections were raised, but on August 15 George said his client would oppose the application, and he then filed a written statement and the prosecution also filed a brief response.
However, George has spoken to the defendant, Danny, and asked for the application to be adjourned to allow the defendant to contact his lawyer, Short, who is understood to be due to return next week.
Catherine Evans of the Crown Law Chambers did not object to the adjournment.
Judge Porter said any objections to Short’s DPP application must be made by Friday, August 30, otherwise the court will proceed with the case on the grounds that Danny has not objected to the DPP application.
She said if Short makes a submission, prosecutors must respond by Sept. 13 and the court clerk will set a hearing date before a Superior Court judge via Zoom.
Judge Porter advised Danny to contact his solicitor when he returned as the solicitor had given instructions which they must follow.
Katu, Tupa and Denny all face drug-related charges, which they deny, and a defendant hearing is expected to be held in March 2025.
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