KEY POINTS:
Prejudice against the man accused of murdering Hawke's Bay farmer Jack Nicholas could mean he would not get a fair trial in the region, the Court of Appeal was told yesterday.
Murray Foreman, 50, of Haumoana, in the Hawke's Bay, is accused of shooting Mr Nicholas on August 27, 2004.
After an application last year to have the trial shifted to Wellington was rejected, defence lawyer Bruce Squire appealed the decision.
He told the Court of Appeal in Wellington that although a High Court judge had not considered there was a real risk of an unfair trial in Hawke's Bay, there was a level of prejudice against Foreman in the province.
The trial was due to start in either Wellington or Napier on April 7.
Affidavits before the court showed there was a high level of comment within the Hawke's Bay community about Foreman and people were being influenced, Mr Squire said.
Crown lawyer Brendan Horsley said the publicity did not come close to the level that would pose a risk of an unfair trial and no illegitimate prejudice had been shown to arise.
The court reserved its decision.
- NZPA
