KEY POINTS:
A prominent defence lawyer says the discovery in a rubbish tip of disclosure files related to a high-profile child death "simply shouldn't happen".
Files about the court case against one of the people accused in the death of Rotorua toddler Nia Glassie - including details on witnesses and information on the Crown case against the defendant - were found at the East Tamaki tip on Friday.
It is understood the files were handed, as police are required to do under disclosure rules, to Brian Foote, lawyer for one of the accused, Oriwa Kemp, the Herald on Sunday reported.
The cardboard box, containing nearly 1000 pages of classified police material, apparently ended up at the tip after being taken out of prison by a person visiting Kemp. They included forensic and autopsy reports, family files from Child, Youth and Family, Nia's medical history and transcripts of interviews with Nia's mother, Lisa Kuka.
Lorraine Smith, who successfully defended Chris Kahui, accused of murdering his twin infant sons, said if it was true the file was dumped after Kemp handed it to a friend, then it was irresponsible.
"There are a number of things in disclosure files that should not be seen by other people," Mrs Smith said.
"When I show disclosure files to clients I make it clear to them that whatever copies they get must stay with them."
Mrs Smith said if the files got into the hands of a visitor there could be a perception that the visitor might not use the information in a proper way. She said such incidents could work against the accused once their case came to trial.
Mrs Smith said she also questioned the motive of the person who found the files in going to the news media instead of handing them back to police.
Law Society criminal law committee convener Jonathan Krebs said he did not know all the details but it did not appear that anything untoward had happened.
"I just wonder if it's a bit of a storm in a teacup."
Mr Krebs said Kemp was entitled to the documents in order to mount a defence, and he believed she was entitled to hand them to a friend for their perusal.
NZPA
