Judge aborts businessman’s trial

Jurors kept in dark about decision but told ‘there will be another trial another day’

The trial of a prominent New Zealander, his business manager, and a well-known entertainer has been aborted.

After nearly two weeks of evidence was heard in the Auckland District Court, Judge Russell Collins yesterday decided to stop the trial.

“I will be discharging you from giving verdicts in this trial,” he told the jury.

“There will need to be another trial at another day.”

Judge Collins said there were “a number of reasons” for aborting the trial but he couldn’t elaborate on what those were for the jury.

“The events in Christchurch are just one factor, but there are compelling reasons in any event,” he said.

“I would very much like to tell you why the trial is coming to an end, but it just simply is not appropriate that I do that . . . There will need to be a retrial and it is just simply not appropriate to explain why this trial has been brought to an end.”

Judge Collins said it would be natural for the jury to feel “significant frustration” after giving up two weeks of their lives.

He also reminded the jury it would be a criminal offence to publicly identify defendants, complainants or suppressed witnesses.

A retrial was ordered and the defendants were bailed until an administrative hearing next month.

The prominent businessman is facing two charges of indecent assault — after being accused of incidents in February 2008 and October 2016 — and two counts of perverting the course of justice by attempting to dissuade the second complainant from giving evidence at his trial.

The entertainer, meanwhile, faces three charges of attempting to dissuade the same man, while the manager is charged with attempting to dissuade the witness on one occasion.

In April 2017, the entertainer first allegedly attempted to dissuade the second complainant. A secret recording of the entertainer’s alleged attempt to pervert the course of justice was played to the court during the trial.

All three defendants are also accused of trying to dissuade the same complainant during what has been termed by the Crown as the “Gold Coast plot” during May 2017.

It involved hiring a public-relations expert and spending tens of thousands of dollars to “silence [the complainant]”, Crown prosecutor Simon Foote has said.

The second complainant was instructed to meet the group at the Palazzo Versace hotel, the court heard. He spent an afternoon shopping and was wined and dined before being asked to drop his claims against the prominent New Zealander, the Crown alleges.

Another covert recording — also played to the jury — revealed some of the conversations.

The PR expert and one of his associates were due to give evidence for the Crown.

They have been given immunity from prosecution. Their names are suppressed following an appeal of

I would very much like to tell you . . . but it just simply is not appropriate. Judge Russell Collins

Judge Collins’ decision not to keep their names hidden.

A well-known political figure — whose name was suppressed — was also expected to give evidence for the Crown.

The entertainer is further accused of attempting the dissuade the man in September 2017.

At the start of the trial, all three defendants had their lengthy name suppressions revoked after a successful legal challenge by the Herald and Stuff.

However, the defendants will keep their identities hidden after immediately indicating they would appeal the decision.

The prominent New Zealander — who has had name suppression for two years since he was first charged — would appeal the decision to the High Court, his lawyer David Jones QC said. As a result of the appeal, a 20-working day suppression order was automatically invoked until the appeal can be heard.