KEY POINTS:
Calls are being made for more judges and staff in Auckland courts after a court case against three Chinese students was halted because it took too long to bring them to trial.
Yang Hui, 24, Bo Peng, 24, and Wang Zhe, 23, were all charged with injuring with intent to injure and kidnapping after an incident at Beach Rd in downtown Auckland on July 23, 2003.
But Judge Mary Sharp put a stay on proceedings in Auckland District Court after another delay would have meant the earliest their case could be heard was the fourth anniversary of the alleged offence.
The case has been beset by problems but it has prompted all parties involved to call for more judges and court staff to be hired to deal with cases in Auckland.
"This kind of stay on proceedings is rare," said Wang's lawyer, Leigh Langridge.
"But Auckland District Court is lacking in judges and court staff and the concern is that unless that is addressed then this is going to become more common."
The policeman in charge of the initial investigation, Detective Richard Gillespie, said the accused trio had been negotiating to rent a property the complainant was buying but they were twice delayed after the complainant had difficulties securing finance.
Discussions got heated between the complainant and the trio when they met on the night of July 22 and they allegedly assaulted him and threw him down a flight of stairs. "They had asked for $3000 from him in compensation but they put it up to $3500 because one of them said he hurt his hand while hitting him," Mr Gillespie said.
Ms Langridge and Yang's lawyer, Rob Harrison, said their clients were prepared to defend themselves vigorously and had a different view of what occurred .
Mr Harrison said the trio were arrested soon after the incident.
The delay had been difficult on all parties, including the three accused, who had been on bail. "They were here on student visas which expired while they were waiting for the trial," Mr Harrison said.
"They were not allowed to leave the country but they were also not allowed to work during this period either, so they had to rely on money from China. None of them came from particularly well-off families."
Mr Harrison said circumstances had conspired against the trial being held but the fact that there were delays of several months each time the case was adjourned showed how pressured the Auckland District Court was.
"This is rare but it's not the first time something like this has happened to a case I've been connected to," he said.
Mr Gillespie said the case was cursed. "I have been in the force for 10 years and this is the absolute worst I have had. Almost everything that could have gone wrong has. The courts are under-resourced, there's no doubt about that."
Slow justice
* July 23, 2003 Three students charged with serious offences.
* December 2003 Depositions hearing delayed until April 2004 due to complainant's ill health.
* May 2004 Trial delayed because no court available.
* January 2005 Pre-trial arguments heard with a decision made in March 2005. Another trial was set for October 2005 but two new witnesses were introduced, meaning it was adjourned.
* October 2006 New trial aborted when the Crown made comments deemed prejudicial. January 2007 New trial date but complainant unwell. Similar health issues disrupted fresh attempt last week.
* Last week Judge Mary Sharp puts permanent stay on the case.
- NZPA
