Written evidence allowed at depositions despite lawyer delegation

A delegation of defence lawyers has failed to convince Justice Minister Simon Power to stop changes to how trials are conducted.

Parliament last year passed law changes that come into effect today. Under the new law written evidence is to be used in depositions hearings to avoid witnesses having to give evidence twice.

The bill also allows 11-1 jury verdicts instead of the current unanimous requirement.

John Haigh QC led a delegation of defence lawyers in a bid to get Mr Power to put on hold the changes to deposition evidence.

He said the oral process was good for both the defence and prosecution.

"(In-court depositions) acted as a vetting agency. A methodology of saying `how strong is this case? How strong is our witness'," he told Radio New Zealand.

Mr Power said the Justice Ministry had looked at the lawyers' concerns and not all were borne out.

He said lawyers were able to apply for oral hearings of evidence where it would be useful.

"In the event there was a controversial matter that needed to be tested before start of trial, counsel could ask for the court to hear it orally."

The changes would make a faster more effective justice system.

"The situation was that delays would be reduced, in fact halved... costs would also be halved at the point of committal."

The changes would also benefit victims.

"With the removal of depositions at an oral level of course what you are not doing is putting the victims of crime through the process twice.

"I think that's often forgotten when lawyers and those that are institutionally involved in the process are discussing these sorts of issues."

Mr Power said allowing 11-1 or 10-1 verdicts in criminal trials would reduce the number of retrials.

"Reform is coming in the criminal justice area.

"For victims, witnesses and others what we need to see is a criminal justice system that's delivering in a timely way to their needs rather than to the needs of those who have historically been institutionally involved with the process."

In two years time the Solicitor-General would review the law to ensure it was working.

Other changes in the bill changed the law on double jeopardy to allow retrials in some cases and it allowed methamphetamine trials to be heard in district courts instead of only in high courts.

- NZPA