Five lose case after decadelong battle

CHRISTCHURCH: Five people who sued the Crown and a top Christchurch prosecutor over allegations a jury was lied to during their alleged burglary ring trial have had claims for more than $1.2 million in damages thrown out by a judge.

The case, which had rumbled on for a decade, finally reached a conclusion with an eightday civil hearing at the High Court in Christchurch earlier this year.

Vincent Clayton was arrested in 2005 as a result of a police probe given the name Operation Rhino into an alleged burglary ring in Christchurch.

Clayton was jailed for five years after being found guilty by a District Court jury in 2007.

But he claimed Crown prosecutor Pip Currie intentionally misled the jury by withholding critical information.

Before or during the trial, Clayton and coaccused Linda Westbury, Peter Machirus, Nadia Pelenato and Gary Morell, who are also suing Currie and the Crown, learned a key witness, known only as L, had been charged with subsequent, unrelated offences in Wellington.

They allege that Currie did not pass on all information about L’s sentencing indication, which they claim helped the jury come to guilty verdicts.

The Court of Appeal later quashed the convictions and ordered a retrial.

But the retrial never happened, as the Crown dropped the case.

Clayton and Westbury claimed that the events still hinder their daytoday lives.

But Justice Peter Churchman ruled Currie never intentionally withheld any information.

Justice Churchman said the group failed to establish the presence of malice or fraud on the part of Currie. — NZME