Clayton Robert Weatherston v The Queen - SC 81/2011

Criminal – Appeal against conviction for murder – Impact of media statements on fair trial rights of applicant – whether the applicant’ s trial was rendered unfair as a consequence of media statements made during the trial – whether the directions of the trial Judge to the jury were sufficient to overcome the prejudice resulting from the media coverage – whether the Court of Appeal erred in requiring the applicant to demonstrate that a juror may have seen or read the coverage in issue – whether the Court of Appeal erred in its assessment of the trial Judge’s post-trial conference address – Evidence Act 2006, s 92 – whether the Crown was obliged to put to the applicant on cross-examination the divergence of his evidence of events by comparison with that of other witnesses, if it intended to take issue with his version – Evidence Act 2006, ss 37 and 38 – whether the Court of Appeal erred in finding ss 37 and 38 did not apply to the Crown’s cross-examination of the applicant which aimed to establish his propensity to lie – Admission of photographs of victim’s wounds – whether the Court of Appeal erred in admitting photographs of stab wounds when the purpose for which that evidence was tendered could have been met by computer graphic reconstructions and diagrams[2011] NZCA 276   CA 648/2009