Ruling in unlawful marriage case

File photo / NZH

A judge has ruled that there are cases to answer on three charges against two men relating to an unregistered celebrant carrying out a marriage at Kaiapoi in November 2006.

Christchurch District Court Judge Jane Farish made her ruling - a reserved decision after hearing evidence in June and August - at the end of the case brought by the Department of Internal Affairs.

Counsel for the men, James Rapley, had presented legal argument and made an application for the charges to be dismissed at the end of the prosecution.

Judge Farish found there was a case to answer against Geoffrey Robert Topham Hall, 56, a Kaiapoi funeral director, on charges of falsely pretending to be a marriage celebrant for the wedding, and making a false declaration that the marriage had been solemnised in accordance with the Marriage Act.

Judge Farish dismissed a charge of falsely pretending to be a celebrant against the Rev Maurice Manawaroa Gray, but held there was a case to answer on the false declaration charge which related to the signing of the marriage papers.

The duo applied for the charges to be dropped at the end of the prosecution case.

The department alleged that the marriage licence had been issued with Gray listed as the celebrant but the ceremony was carried out by Hall without Gray present. Gray maintained that he had been called away by an emergency, but had been outside at the time the ceremony took place.

After her ruling, defence counsel James Rapley said the two men would not call any evidence and Judge Farish adjourned the hearing to consider her final decision on the case.

Philip Leslie Ellis, the groom in the marriage, was in court for the judge's ruling. The bride, Jeanette Hardey, of Kaiapoi, has since died.

- NZPA