Alan Hall left the court in June acquitted of murder after 37 years of fighting to clear his name. Photo / Mark Mitchell
The Solicitor-General has asked police to investigate the actions of Crown lawyers involved in the case of Alan Hall, who spent 19 years in jail for a murder he did not commit.
The Supreme Court this year quashed Hall’s 1986 conviction for murdering Arthur Easton and acknowledged that key evidence at his trial was “materially altered”.
Following that decision, Solicitor General Una Jagose KC – the Government’s chief legal adviser - asked Nicolette Levy KC to investigate how and why the prosecution failed to disclose certain material information to Hall’s defence team.
Jagose said today the Levy report is now in the hands of the police to determine if any offence was committed in Hall’s case by the Crown.
“In New Zealand the Police are the appropriate body to undertake any further investigative work that might be required and decide if any offence may have been committed,” Jagose said.
“It is important for public trust and confidence in the justice system that we seek to understand and remedy any failings. The next step in this process is for the Police to consider the Levy report.”
Hall was just 23 years old when he was accused of murdering Papakura man Arthur Easton in a violent home invasion in October 1985.
He was convicted of the crime in 1986 and spent 19 years behind bars - and nearly four decades fighting to clear his name of a murder he did not commit.
Hall’s family have stood steadfastly by his side, with his late mother Shirley leading the charge until her death in 2012.
Hall and his family have reviewed the report.
“It answers some important questions about what happened to Alan over the last 37 years,” a statement from the Hall family said.
“It is gruelling to see some of the detail regarding what is alleged to have occurred, but we are comforted that the truth is finally starting to emerge.”
When Hall was acquitted by the highest court in the country, Chief Justice Helen Winkelmann said there had been a substantial miscarriage of justice in his case, and that he was let down by the Justice system.
Jagose said the independent inquiry was a “necessary step” after the Crown conceded there had been a severe miscarriage of justice because of the ‘material non-disclosure’, however little was known about what had occurred.
The full report will not be released to avoid jeopardising any police investigation.
Levy’s investigation looked into how and why the prosecution failed to disclose “material information” to Hall’s defence lawyers.
“We owe it to Alan Hall, Mr Easton, and both their families to follow through on matters raised in Ms Levy’s report,” Jagose said.
“I recognise that referring the matter to the Police will add more time to an already lengthy process for them but it is an important step to take.”
The Hall family said their thoughts remain with the Easton family and acknowledge that they too must have many questions “about what went wrong, and why”.
“We are grateful for the support Alan has in the community,” the family said. “Alan would like his supporters to know that he is enjoying his freedom and is beginning to rebuild his life.”
Enquiries into the murder of Arthur Easton and the miscarriage of justice Hall suffered are on-going, with four separate investigations under way.
“For this reason, we will not be making any further public comment,” the family said.