The Post

Convicted killer asks for costs

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Lawyers for a convicted murderer want the case prosecutor and police to be penalised for not disclosing potentiall­y relevant informatio­n, especially details that suggested someone else was the killer.

The unusual applicatio­n for costs to ‘‘penalise and incentivis­e’’ comes out of the prosecutio­n of David Owen Lyttle.

His lawyer, Christophe­r Stevenson, said defendants were supposed to have a ‘‘fair go’’ in knowing the evidence police had gathered, especially when it suggested the defendant might be innocent.

Lyttle’s lawyers repeatedly asked for informatio­n about other suspects and were told it did not exist but that was incorrect, Stevenson said in the High Court at Wellington yesterday.

Lyttle, 55, a builder from Halcombe in Manawatu¯ , was sentenced in December to serve at least 11 years of a life term for murdering Bretton (Brett) Hall in May 2011.

Hall disappeare­d from his remote property near Whanganui River and his body has not been found.

For years, Lyttle was a suspect in his friend’s disappeara­nce but police felt they didn’t have enough evidence to charge him.

An elaborate undercover operation was launched in 2014, pretending to recruit Lyttle to an underworld group, during which he was asked to divulge anything that might attract police attention.

At his trial, Lyttle’s lawyers said his confession during the undercover operation was false.

Stevenson said Lyttle maintained his innocence and was appealing against his conviction. The grounds of the appeal would include the effect police non-disclosure of informatio­n had on the trial process.

The Crown agreed obligation­s to disclose informatio­n were not met, but maintained that Lyttle neverthele­ss had a fair trial.

Since the original investigat­ion in 2011 through to trial in 2019, three Crown prosecutor­s had been involved, police personnel and practices had changed, and disclosure rules that were new in 2011 came to be seen more broadly.

No costs should be awarded in the unique circumstan­ces of the case, said Rebecca Thomson, acting for Crown Law. She said the informatio­n about other suspects turned out to be gossip blown out of proportion and without any concrete foundation.

Justice Jill Mallon reserved her decision.

 ??  ?? David Lyttle
David Lyttle
 ??  ?? Brett Hall
Brett Hall

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